AP Gov: Everything Studying

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44 Terms

1
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1st Amendment

Freedom of religion, speech, press, assembly, and petition. Free Excercise Clause and Establishment Clause. (Amendment)

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2nd Amendment

Right to bear arms. (Amendment)

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3rd Amendment

No quartering of soldiers in homes during peacetime. (Amendment)

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4th Amendment

Protection from unreasonable searches and seizures. (Amendment)

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5th Amendment

No convictions w/out due process, no double-jeopardy or self-incrimination. (Amendment)

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6th Amendment

Right to fair and speedy trial by jury in criminal cases. (Amendment)

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8th Amendment

No cruel and unusual punishments, no excessive bail. (Amendment)

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9th Amendment

Unenumerated rights are not automatically denied. (Amendment)

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10th Amendment

Powers not given to the Federal Government go to the states or people. (Amendment)

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13th Amendment

Abolishes Slavery and involuntary servitude. (Amendment)

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14th Amendment

Due Process Clause applies the BoR to states, substantive due process, Equal Protection Clause. (Amendment)

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15th Amendment

Right to vote can’t be denied based on race, color, or previous conditions of servitude. (Amendment)

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16th Amendment

Gives Congress power to collect income taxes w/out apportioning it among states based on population. (Amendment)

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17th Amendment

Established direct election of senators by the people. (Amendment)

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19th Amendment

Woman Voting Rights #Feminism #6’7 btw #Ihateperiods. (Amendment)

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22nd Amendment

Limits President term to 2 years. (Amendment)

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24th Amendment

Abolishes poll taxes(no tax required to vote). (Amendment)

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25th Amendment

Vice president takes office if president is deemed as disabled. (Amendment)

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26th Amendment

Lowers voting age of 18. (Amendment)

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Article 1

Establishes Legislative Branch. Creates and defines Congress. Lists things like defining the Legislative power, HoR, Senate, Limits and power on states and Congress. (Article)

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Article 2

Establishes Executive Branch. Defines purpose and power of President and Vice-President. (Article)

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Article 3

Establishes Judicial Branch. Created the SC. (Article)

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Article 4

Deals with powers and responsibilities of the states and their relationship with each other and with the federal government. (Article)

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Article 5

How to amend/change the Constitution. (Article)

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Article 6

Basically just the Supremacy Clause. If State law conflicts with federal law, federal government will always win. (Article)

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Article 7

Ratification process. Constitution can only pass if 9/13 states approves—basically no chance it will be on the AP test but good to know. (Article)

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The Preamble

Explains the purpose and guiding principles of the Constitution.

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Marbury v. Madison

President John Adams appointed many judges right before his term came to an end. When Thomas Jefferson took office, his secretary refused to deliver the commissions to judges. One of the judges issued a writ of mandams. SC ruled in favor of secretary, saying it is out of their jurisdiction according to Article 3. Case ended in SC giving itself power to strike down laws that violate the Constitution or Judicial Review. (Court Case)

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McCulloch v. Maryland

Congress made the 2nd bank of US, the state wanted to tax it. The cashier at the bank refused to pay tax and the state sued the cashier. SC ruled in favor of federal government and against the state, saying the state can’t tax the federal government due to the Supremacy Clause. Case ended in the first use of the Elastic Clause, strengthening the Federal Government and expanded the Constitution’s Interpretations. (Court Case)

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US v. Lopez

A student brought a gun to a HS in Texas, he was charged under gun-free Act—a state law restricting firearms. The student argued Congress had no power to pass that law because it doesn’t involve interstate commerce, SC ruled that Congress doesn't have the power to control the carrying f guns on school ground according to the Commerce Clause. Case ended in 2nd Amendment applying to states, limited power of Congress under Commerce Clause, and signals limits to the Federal Governments reach. (Court Case)

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Wisconsin v. Yoder

Amish parents want to send their kids to religion school after 8th grade instead of high school, state law required children to attend school until they’re 16. SC ruled in favor of the Amish, stating the Free Exercise Clause of the 1st Amendment outweighed the state law. This case strengthened religious liberty in US and started discussion around homeschooling and parental rights. (Court Case)

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Engel v. Vitale

State passed a law for public schools in NY that makes the school start with a voluntary prayer for public schools to recreate each morning. Parents sued saying the prayer violated separation of church and state. SC ruled in favor of parents and stated that even if it is voluntary, if stare-sponsored, it violates the Establishment Clause of the 1st Amendment. Case resulted in limits on religious activities in public schools and emphasizes that government can’t promote or endorse religion. (Court Case)

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Schenck v. US

Man handed out leaflets urging people to resist the WW1 draft. He was charged under the Espionage Act. SC ruled against man saying Free speech is not absolute especially during war times. This case set precedent for limiting speech during war times. (Court Case)

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New York Times v. US

News paper company got their hands on the Pentagon papers—top secret papers documenting the Vietnam War, and started publishing it. The government used prior restraint to prevent the company from publishing. SC ruled in favor of the company stating the importance of a free and independent press—in order to the keep in government’s power in check. This case strengthened the 1st Amendment, limited prior restraint, and established the press’s role as the government’s watchdog. (Court Case)

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Tinker v. DeMoines

Students wore black armbands to express desire for a truce in the Vietnam War. The high school didn’t like it and said it disturbing the learning environment and put a strict dress code on the armbands. Because of the dress code some students got suspended and their parents sued. SC ruled in favor of the students, deciding that the freedom of speech of the 1st Amendment outweighs the government’s interest in maintaining a safe environment. This case strengthened the 1st Amendment, set precedent that school must determine that the student’s 1st Amendment must substantially interfere with the school’s ability to maintain discipline. (Court Case)

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McDonald v. Chicago

Man lives in a high crime area and wanted a gun for protection. State had very strict gun laws and prevented man from obtaining a firearm. Man sued arguing the firearm ban violated his 2nd Amendment rights. SC ruled in favor of man, stating the 2nd Amendment is a fundamental right. Case ended in the 2nd Amendment applying to states via due process clause of 14th Amendment, strengthened the idea that the BoR should be applied to states. (Court Case)

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Gideon v. Wainwright

Man broke into a pool hall with the intent of committing relatively minor crimes. He was arrested but too broke to afford a lawyer and asked the court to appoint him one. But state only provided free lawyers for capital cases—cases where death penalty is possible, so man had to represent himself in trial and lost. He sued arguing his 6th Amendment has been violated. SC ruled in favor of man saying he was denied his fundamental right and the 6th now applies to states via due process clause of 14th Amendment. (Court Case)

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Grisworld v. Connecticut

Woman opens up a clinic selling/advising the purchase of contraceptives, state law banned the use of contraceptives. Woman was arrested for violating state law, woman sued saying it violated people’s constitutional rights. SC ruled in favor of woman, saying the Constitution protects a right to privacy—an unenumerated right, this case used the 1-5 and 9th amendment. Case ended in establishment of the constitutional right to privacy and strengthened the 9th Amendment.

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Roe v. Wade

Woman wants to an abortion, state law only allowed abortion to save woman’s life—not for rape, poverty, or simple choice, woman sued claiming the state abortion law was unconstitutional. SC ruled in favor of woman, stating the right to privacy under due process of 14th extends to abortion but the right was not unlimited. Case ended with nationally legalization of abortion in early pregnancy and strengthened idea of privacy rights. This case was later overturned in Dobbs v. Jackson (Court Case)

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Dobbs v. Jackson

State passed law called Gestational Age Act—which bans most abortions after 15 weeks of pregnancy, an abortion clinic challenged the law saying it violated constitutional rights to abortion under Roe v. Wade. SC ruled in favor of state, saying the Constitution doesn’t guarantee right to abortion—cuz it’s not deeply rooted in nation’s history and not explicitly mentioned in constitution. Case ended in authority to regulate abortions going back to states, abortion laws are now decided state-by-state, shows 14th due process is now interpreted more narrowly in certain areas, and overturned Roe v. Wade. (Court Case)

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Brown v. Board of Education

Public schools in many states were segregated by race but it was legal under Plessy v. Ferguson’s decision segregation is ok if it’s “separate but equal”. Girl had to travel very far to a black school even though a white school was much closer, her family sued saying it violates the Constitution. SC ruled in favor of girl, saying separate educational facilities are unequal, this violates the equal protection clause of the 14th because it denies equal access to education for black children. Case ended declaring school segregation unconstitutional. (Court Case)

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Baker v. Carr

State’s voting districts hadn’t be redrawn in decades even though population has shifted a lot. Rural areas had way fewer people but just as much representation as urban areas. Man sued state, arguing his vote was being diluted—not being fairly counted, because the districts were outdated. SC ruled in favor of man, ruling that federal courts can hear lawsuits about legislative apportionment—how districts are drawn, and that this case is a constitutional issue involving equal protection clause. Case ended in opening the door to future cases about voting and representation, and strengthened voting rights. (Court Case)

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Shaw v. Reno

State drew very stupid line made up of black voter—majority-minority(where racial minority group makes up majority of voters), 5 white voters sued arguing it was racial gerrymandering and it violated Equal Protection clause of 14th. SC ruled in favor of 5 white men, stating districts drawn mainly based on race are subject to strict scrutiny, even if goal was to help minority voters using race too heavily in district drawing is unconstitutional, drawing that stupid line based on race violated Equal protection clause of 14th. Case ended with racial gerrymandering not automatically banned but if race is the main reason behind how the district is drawn it will be a strict scrutiny, and districts must be drawn based primarily on traditional factor, not race alone. (Court Case)

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Citizens United v. FEC

Nonprofit organization wanted to air film criticizing Hillary Clinton during the presidential election. Commission argued that the film violated campaign finance laws because it was funded with corporate money—corporation were banned from directly spending on political campaigns, nonprofit sued arguing corps have the same 1st rights as individuals to spend money of political speech—including ads—and restrictions are unconstitutional. SC ruled in favor of nonprofit, stating corps and unions can spend unlimited $ on independent political speech, spending money on political speech is a form of free speech, government can’t restrict independent expenditures by corps, unions, etc. even if it may influence elections. (Court Case)