AP GOV UNIT TEST callie kaplan

1st Amendment

Freedom of religion, speech, press, assembly, and petition.

2nd Amendment

The U.S citizens have the right to bear arms

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

3rd Amendment

The U.S government may not force citizens to shelter soldiers into their homes

4th Amendment

The U.S citizens are protected from unreasonable searches of a persons property

5th Amendment

U.S citizens have the right to due process and remain silent

7th Amendment

The U.S citizens have the right to a trial by jury

8th Amendment

The U.S citizens are protected from cruel and unusual punishment

9th Amendment

U.S citizens have rights not listed in the constitution

Due Process

legal requirement that the government must respect all legal rights that are owed to a person.

14th Amendment Due Process & Equal protection clause:

It states that no person shall be “deprived of life, liberty, or property without due process of law.”

Federalists

believed in powerful federal government Gov's power will be checked by itself (3 branches)

Anti-Federalists

believed in stronger state governments believe that we need specific protections from a too powerful governmen

Article l in the Constitution

Legislative Branch

Article ll in the Constitution

Executive Branch

Article lll in the Constitution

Judicial Branch

Expressed Power

Law written in the constitution

Implied powers

laws Implied from expressed powers

Individual Rights

Individual rights and liberties are protected against government encroachment.

Independent Judiciary

President nominates judges, senate confirms them, lifetime appointment (to be free of factional influence)

Federalism

Power is divided between the federal government and the individual state governments

Separation of powers

Powers and responsibilities are divided among three government branches to prevent any one person or group from having too much power.

Checks and balances

Checks and balances allows each branch to monitor and check the power of the others to prevent any abuse of government power.

Rule of Law

The people and their government must abide by a set of laws

Popular Sovereignty

Because the government is created by and for the power, power resides not with the government or its leaders but with the people. In a representative democracy, the people vote to elect leaders to represent their interests.

Reserved Powers

Powers reserved to the states

Concurent Powers

Powers both delegated to the national and state governments

Supremacy Clause

National laws are supreme to state laws

3/5ths Compromise

slaves count as 3/5th of a person when determining a state’s population

-result: more representation for the Southern states

Connecticut Compromise

Bicameral legislature

-House of Representatives based on proportional representation

-Senate based on equality, where each state gets 2 votes, regardless of population

State V Federal compromise

Federalism

Virginia plan (connecticut compromise)

2 house legislature

-both house representation based on population of each state

-one house elected by the people -one house elected by legislatures

helped big states

New Jersey Plan (connecticut compromise)

1 house legislature

-one vote for each state

-does not allocate representation based on population

-basically exactly like the AOC Congress

Constitutional Convention

-After Shay’s rebellion

-Need to “fix” articles

Fed 51

Checks and Balances/Separation of Powers

Fed 10

Necessary Factions

Wisconsin v. Yoder (1972)

• Did Wisconsin’s requirement that all parents must send their children to school at least until age 16 violate the 1st Amendment by criminalizing the conduct of parents who refused to send their children to school for religious beliefs?

  • Yes, The first amendment of citizens outweighs the Wisconsin state law, under the free exercise clause

Engel v. Vitale (1962)

Does the reading of a nondenominational prayer at the start of the school day violate the “establishment of religion clause” of the 1st amendment?

• Yes, School sponsored prayer violates the establishment clause of the 1st amendment

Gideon v. Wainwright (1963)

• Did the State of FL violate Gideon’s 6th amendment right to counsel by not providing him with the assistance of counsel for his criminal defense?

  • Yes, He has the right to a lawyer under the 14th amendment due process clause which incorporate the 6th amendment for the states

Roe v. Wade (1972)

• Does the constitution recognize a woman's right to terminate her pregnancy by abortion?

  • Yes, Based on the right to privacy under the 14th amendment

McDonald v. Chicago (2010)

• Does the 14th amendment’s privileges and immunities or due process clauses incorporate the 2nd amendment for the states?

  • Yes, The fundamental right to own a gun for self-defense applies to the states under the 14th amendment

NY Times v. U.S (1971)

• Did the Nixon administration’s efforts to prevent the publication of what is termed "classified information” violate the 1st Amendment freedom of the press?

  • Yes, Prior restraint was unjustified and the freedom of press is protected under the 1st Amendment

Tinker v. Des Moines (1965)

• Does a prohibition against the wearing of armbands in a public school, as a form of symbolic protest, violate the students freedom of speech protected by the 1st Amendment?

  • Yes, The wearing of armbands in a public school is free speech and is protected under the first amendment 

Elite Democracy: 

A form of democracy in which a small number of people, usually those who are wealthy and well-educated, influence political decision-making.

Pluralist Democracy:

 A form of democracy in which political power rests with competing interest groups so that no one group dominates political decisions.

Participatory Democracy: 

 A form of democracy that emphasizes broad, direct participation in politics and civil society, in which most or all citizens participate in politics directly.

The 7 weaknesses of the AOC

• Congress had no power to collect taxes

• Congress could not regulate trade

• Congress could not enforce laws

• 9 states approval was needed to pass laws

• All 13 states approval needed to amend constitution

• No executive branch

• No judicial branch

Establishment Clause

prohibits the government from "establishing" a religion

Free exercise clause

protects citizens' right to practice their religion as they please

Necessary and proper clause

Origin of implied powers

why did the Framers make it so hard to amend?

to ensure that public discourse would take place before the written word of the Constitution was changed! They did not want rushed decisions to be made- rather slow and deliberate changes that mattered and would stand the test of time.

Article VII

Ratifying to constitution