Study for AP US Government and Politics

John Locke

• ideas on natural rights, the social contract, the separation of powers

• Defends the idea that individuals possess natural rights to life, liberty, and property and governments are formed through a social contract to protect these rights

• Influenced by the enlightenment

• Big part of the declaration of independence

Participatory Democracy

• a form of government in which citizens participate individually and directly in political decisions and policies that affect their lives, rather than through elected representatives

Pluralist Democracy

• a form representative democracy in which power is distributed among many different interest groups, rather than being concentrated in the hands of a few elites.

Elite Democracy

• a small number of people, usually the wealthy and well educated, influence political decision making

Representative Democracy

• Citizens elect representatives to make decisions and govern on their behalf

Direct Democracy

• the electorate directly decides on policy initiatives, without elected representatives as proxies

Articles of Confederation

• Established a weak central government primarily focused on coordinating the states’ efforts in wartime and foreign affairs.

  • Central government lacked the power to enforce laws, regulate trade, or raise taxes, making it difficult to maintain a stable economy and defend the nationand communities. This led to challenges in governance and prompted calls for a stronger federal structure.

(Daniel) Shay’s Rebellion

• An armed uprising led by Revolutionary War veteran. Stemmed from economic hardship and debt among farmers who struggled to pay high taxes and debts incurred during the war.

Constitutional Convention of 1787

• to address the weaknesses of the Articles of Confederation and establish a more effective national government

Virginia Plan

• outlined a plan for a stronger central government with three branches, a bicameral legislature, and representation based on population

• Proposed at the Constitutional Convention, it favored larger states by suggesting that representation in both houses of Congress be based on population size, hence increasing their influence in the legislative process.

New Jersey Plan

• aimed to create a government structure that favored smaller states by ensuring equal representation in Congress, regardless of population

Connecticut (Great) Compromise

• combination of Virginia Plan and New Jersey Plan

  • provided for a bicameral legislature, with representation in the House of Representatives according to population and in the Senate equal number for each state

  • resolved disputes between larger and smaller states during the Constitutional Convention by establishing a dual system of representation.

Three-Fifths Compromise

• a controversial agreement reached to determine how enslaved people would be counted for representation and taxation purposes

  • for every five slaves, three would be counted towards the state’s population

Federalist 10

• addressed how to reconcile citizens with interests contrary to the rights of others or inimical to the interests of the community as a whole

• Written by James Madison

• writes on how factions with check other factions

Federalist 51

• addressed the separation of powers, the federal structure of government and the maintenance of checks and balances “opposite and rival interests” within the national government

• Written by James Madison

• emphasizes the necessity of a strong government to control factions and prevent tyranny. It argues that a system of checks and balances is essential to protect liberty and maintain order.

Federalist 70

• argued that a unitary executive was a necessary ingredient for a quick, decisive executive to conduct war.

• stressed the capability of the US to respond to foreign attacks and aggression

• Written by Alexander Hamilton

Federalist 78

• defends the judiciary and the power of judicial review.

• argued that the federal courts have the authority to determine if laws passed by Congress are constitutional and to declare them void if they conflict with the constitution

• Written by Alexander Hamilton

Brutus 1

• anti-federalist paper

• argued against the US Constitution, fearing a strong central government could erode personal liberty and state power

• argued for smaller, more localized governance, believing it better protects individual rights and prevents tyranny

Branches of Government

• legislative:

  • responsible for making laws, split into a bicameral system: Senate and House of Representatives

• executive

  • responsible for enforcing and carrying out laws

  • led by the president

• judicial

  • interprets laws, ensures they are followed, and revies whether they are constitutional, acting as a check on the other branches of the government

Enumerated / Expressed Powers

• specific powers granted to the US government by the constitution, primarily outlined in AI, S8

• These powers include taxation, regulation of commerce, and the ability to declare war.

Implied Powers (Necessary and Proper Clause)

• political powers granted to the US government that are not explicitly stated in the constitution but are inferred from it

• powers not specifically listed in the Constitution but derived from the elastic clause, allowing Congress to carry out its enumerated powers.

Executive Orders

• official documents through which the president of the US manages the operations of the federal government

Executive Agreements

• international pacts made by the US president without requiring Senate approval, unlike treaties

• binding under international laws, and can cover wide ranges of issues, from trade to defense

Judicial Review

• the power of the courts to examine actions by the legislative and executive branches of government to determine if they align with the Constitution

Federalism

• a system of government where power is divided between a national government and regional government, like states or provinces

Delegated Federalism

• assigns tasks, duties, rights, or authority from one person to another, typically from a supervisor to a subordinate

Enumerated Federalism

• a system where the federal government’s powers are explicitly listed in the Constitution, with states having reserved powers not delegated to the federal government

Reserved Powers

• powers not specifically delegated to the federal government, nor prohibited to the states, by the US Constitution

Concurrent Powers

• a system where both the federal and state governments possess and exercise certain powers simultaneously within the same territory

Full Faith and Credit Clause

• (AIV, S1)

• requires states to respect the public acts, records, and judicial proceedings of other states

• if legal action / judgement is valid in one state, is must be recognized and enforced in other states

Supremacy Clause

• AVI, C2

• federal law is the “supreme law of the land” and takes precedence over state laws

Privileges and Immunities Clause

• AIV, S2, C1

  citizens of each state are entitled to the same privileges and immunities are citizens of other states

  • 14th amendment: equal protection under the law

Federal Gov can’t Suspend Writ of Habeas Corpus

• the government can’t detain individuals without the need to bring them before a judge to determine the legality of their detention

  • allows for extended detention without judicial review

Federal Gov can’t Bill of Attainder

• laws that declare someone guilty without a trial is not allowed

Federal Gov can’t pass Ex Post Facto laws

• governments can’t create / enact laws that retroactively punish someone for an act that was legal at the time it was committed, or increase the penalty for a crime after it was committed

Categorical Federal Grants

• financial aid from federal gov to state / local gov, but specifically for a particular purpose / program

  • strict guidelines and requirements on how funds are used

  • medicaid, highway programs, certain education grants (FASFA)

Block Federal Grants

• the Federal Government gives funding to state / local government for broad, defined purposes

  • flexible

  • new federalism

  • law enfenforcement, public health, community development

    • Temporary Assistance for Needy Families (TANF)

Separation of Powers

• dividing government authority among three branches

  • legislative (law making, congress)

  • executive (law enforcing, president)

  • judicial (law interpreting, courts)

Checks and Balances

• a system where different parts of a government have powers that can limit / control the actions of other branches

  • executive can veto laws passed by executive, but can be overridden with a two-thirds vote

  • SC can declare laws passed by congress or actions of the president unconstitutional (judicial review)

  • congress can impeach and remove the president or federal judges

How to become Ambassador

• first, president selects

• second, senate confirms with simple majority

Treaty Enactment

• The president negotiates treaties with foreign nations.

• Senate must ratify them by a two-thirds vote

• a formal agreement between countries that requires presidential negotiation and Senate approval.

Enactment of Legislation

• involves congress making laws, but those laws are subject to check and balances

  • president can veto

  • SC can declare laws unconstitutional

  • the process by which proposed laws are debated, amended, and approved by Congress before being sent to the president for approval or veto. This process includes checks by both the executive and judicial branches.

Process to bring Amendment to the Constitution

• proposal

  • two-thirds vote in House of Representatives and Senate is required to propose an amendment

• Ratification

  • three-fourths of the state legislature must approve the proposed amendment

Different Amendment process for the 21st Amendment

• congress can choose to have ratification done through state conventions

  • delegates in each state would vote on the amendment

• only done for the 21st amendment

  • repealed the 18th amendment, allowing the manufacturing, sale, and transportation of alcohol nationwide

• time limit for state ratification

Bill of Rights

• 1.) freedom of speech, religion, assembly, press, petition

• 2.) right to bear arms

• 3.) milita can’t just come and live in your house

• 4.) no unreasonable search and seizures

• 5.) no double jeopardy, no self incrimination, due process of law (right to a trial) [“i plead the 5th",” cops being required to read the miranda rights]

• 6.) right to an attorney

• 7.) guarantees the right to a jury trial in civil cases in federal court

• 8.) no cruel and unusual punishment

• 9.) other rights than just those stated (civil liberties?)

• 10.) states have reserved powers

Post-Civil War Amendments

• 13.) abolished slavery and involuntary servitude in the US, except as punishment for a crime

• 14.) defines citizenship, guarantees equal protection under the law, and addresses issues related to representation and public debt

• 15.) prohibits the denial of voting rights based on race, color, etc

16th Amendment

• grants congress the power to impose a tax on incomes from any source without apportioning it among the states

17th Amendment

• allows voters to cast direct votes for US Senators

18th Amendment

• prohibits the manufacturing, sale, or transportation of intoxicating liquors for beverage purposes in the US

19th Amendment

• granted women the right to vote

20th Amendment

• changed the original calendar dates for the president and VP’s terms from march 4th to january 20th

21st Amendment

• made to appeal the 18th amendment

• allows the regulation of alcohol to the states

22nd Amendment

• limit the number of times a person can be elected to the office for president

23rd Amendment

• grants the district of columbia (DC) the right to participate in presidential elections

24th Amendment

• abolished and forbids the federal and state governments from imposing taxes on voters during federal electionsThe 24th Amendment abolished poll taxes in federal elections, ensuring that citizens cannot be charged a fee to vote, thereby promoting equal access to the electoral process.

25th Amendment

• in case of the removal of the president from office (or death / resignation), the VP shall become president, then speaker of House of Representatives, then president pro tempore of the senate, then cabinet secretaries

26th Amendment

• lowered the voting age from 21 to 18

27th Amendment

• prevents any change to the salary of congress members from happening until the next election endsThis amendment ensures that any pay raise or decrease for Congress members will not take effect until after the next election, thereby protecting the electoral process from immediate self-serving changes.

Line-Item Veto

• president can’t veto a portion of the bill, they must veto the entire bill

Marbury v Madison (1803)

• established the principle of judicial review

• allowed the SC to declare an act of congress unconstitutional

  • reinforced the judiciary’s role as a check on legislative power

  • solidified the balance of power on the branches of government

McCulloch v Maryland (1819)

• confirmed the supremacy of federal laws over state laws

• upheld the constitutional being of the Second Bank of the US

  • expanded federal power through necessary and proper clause

  • established a broad interpretation of federal authority

Brown v Board of Education (1819)

• declared state laws establishing separate public schools for black students and white students is unconstitutional

  • landmark decision

  • effectively ended racial segregation in schools

  • a catalyst for the civil rights movement

Gideon v Wainwright (1963)

• Gideon was denied an attorney in a felony case due to his inability to pay

• guaranteed the right to counsel for all defendants in criminal cases under the sixth amendment

  • ensured the right to a fair trial is upheld

  • shows the importance of legal representation in the justice system

Tinker v Des Moines Independent School District (1969)

• student were suspended for wearing black armbands to protest the Vietnam War

• protected students’ right to free speech in public schools as long as it doesn’t disrupt the school environment

  • sets an example for the protection of student expression

  • expanded the interpretation of the first amendment within schools / educational settings

Roe v Wade (1973, before 2023 tests)

• a woman challenged Texas laws that restricted her right to an abortion

• recognized a woman’s right to choose an abortion under the right to privacy implied by the Constitution

  • controversial decision grew ongoing debates about reproductive rights and the role of government in personal healthcare decisions

United States v Lopez (1995)

• a student was charged under federal law for carrying a gun to school, invoking the commerce clause

• limited federal power, ruling that possession of a gun in school zones was not an economic activity under the commerce clause

  • marked a shift in the balance of power between state and federal government

  • highlights states’ rights

Barker v Carr (1961)

• citizens of tennessee sued, claiming their votes were diluted due to unequal legislative districts

• established the principle of one person, oen vote, allowing federal courts to hear redistricting cases

  • led to the principle of “one person, one vote" ensuring more equitable representation in legislative districts

New York Times v United States (1971)

• the government sought to prevent the NYT from publishing the Pentagon Papers, classified documents about the Vietnam War

• protected freedom of the press, ruling that the government could not prevent publication unless it proved a direct, immediate threat to national security

  • reinforced the first amendment’s protection of press freedom

  • especially in public interest matters and government accountability

Engel v Vitale (1962)

• public schools in NY required students to recite a state-written prayer

• prohibited state-sponsored prayer in public schools, citing the establishment clause of the first amendment

  • emphasized the importance of separation of church and state

  • ensured that public schools remain neutral in religious matters

Wisconsin v Yoder (1972)

• amish parents refused to send their children to school beyond eighth grade due to their religious beliefs

• the court ruled in favor of the amish, emphasizing the freedom of religion under the first amendment

  • protected the rights to religion and religious minorities

  • highlighted the importance of religious freedom

Schenk v United States (1919)

• schenk distributed anti-draft leaflets during WWI, violating the Espionage Act

• established the “clear and present danger” test, allowing limits on free speech during wartime if it posed a risk to national security

  • set an important example for the limits of free speeck, especially during war

McDonald v Chicago (2010)

• a challenge to Chicago’s gun control laws after the SC ruled that the second amendment protected individual gun ownership in DC v Heller

• incorporated the second amendment right to bear arms to the states through the fourteenth amendment

  • affirmed individual gun ownership rights and channeged state and local gun control laws

Shaw v Reno (1993)

• North Carolina created a racially gerrymandered district to increase African American representation

• ruled that racial gerrymandering could be challenged under the equal protection clause if it was done excessively

  • faced racial gerrymandering

  • ensured that race can’t be the predominant factor in drawing electoral districting

  • party redistricting is allowed

Citizens United v Federal Election Commission (2010)

• Citizens United challenged restrictions on independent political spending by corporations

• ruled that corporations and unions could spend unlimited amounts in elections under the first amendment’s protection of free speech

  • significantly changed campaign finance laws

  • lead to increased spending in political campaigns by corporations and unions

Federalist 10

• warns against the dangers of factions

• factions check factions

• advocates for a larger republic to mitigate their effects

  • speaks of the benefits of a diverse society by ensuring stability and protecting minority rights

Brutus 1

• argues against the ratification of the Constitution

• claimed it would ruin state sovereignty and lead to a powerful central government

  • highlights concerns over federal overreach

  • highlights the importance of local governance

The Declaration of Independence

• declares the colonies’ independence from Britain

• outlines grievances against the crown and asserts the right to life, liberty, and the pursuit to happiness

  • a foundational document of American democracy

  • emphasizes the principles of individual rights and self governance

The Articles of Confederation

• established the first governing framework for the US

• emphasizes the state power and a weak central government

  • its weaknesses highlighted the need for a stronger federal government

  • led to the drafting of the Constitution

The Constitution of the United States

• established the framework for the federal government

• outlined the separation of powers, checks and balances, and the rights of citizens

  • remains the supreme law of the land

  • foundational to the political structure and civil rights of America

Federalist 51

• writes for the separation of powers an checks and balances to fight against tyranny

  • provides a crucial justification for the structure of the government

  • ensures that no single branch becomes too powerful

Letter from Birmingham Jail

• written by MLKJ

• defends the strategy of nonviolent resistance to racism

• argues that individuals have a moral responsibility to disobey laws that aren’t right

  • became a pivotal writing for the civil rights movement

  • highlights the importance of moral action and justice

Federalist 70

• argues for a single executive leader to ensure accountability and decisive action in the government

• “energy in the executive”

  • shaped the understanding of the executive branch’s role

  • advocates for a strong and energetic presidency

Federalist 78

• speaks of the judiciary’s role and importance of an independent judiciary to protect the constitution and civil rights

  • established the concept of judicial review and the judiciary’s role as a protector of minority rights against majority rule