Ap Gov

5th Amendment

WEDGE

Witness (against yourself)

Eminent Domain

Due Process

Grand Jury

Federalist No. 10

James Madison, argues that a large, diverse republic is the best way to control the dangers of "factions". It contends that while factions are inevitable, a large republic dilutes their power by increasing the number of competing interests, making it harder for any single faction to dominate and oppress the minority, thus protecting liberty and ensuring stability. 

6th amendment

SPIA

Speedy Public trial

Impartial jury

Attorney

Federalist No. 10

Large republic to regulate factions, liberty makes factions possible, group of people working against others- James Madison

Brutis 1

a national gov would be too powerful. localized gov is easer to hold accountable and can recognize the needs of the people

Federalist No. 70

having one single president over a counsel or co-president. needed quick acting executive branch because of how slow the legislative branch is by design

Federalist No. 78

Judges have neither sword nor purse so they need life terms so that they have greater power and influence and can protect people under the law

The Principle that the courts should always follow precedent is called the

_____

Stare Decisis

Habeas Corpus

The right to be brought before a judge and told of the charges against you

Exclusionary Rule

lawless evidence against you cannot be used to try you in court

9th Amendment

The unenumerated rights are rights that the people have not explicitly mentioned in the constitution

“Preclearence” under the Civil Rights Act of 1965 require that______

States with a history of voter discrimination must report any new laws to the department of justice

If congress wants to stop the courts from ruling on something they can change it’s______

Jurisdiction

Substantive Due Process

Limits what the Government can do, protects fundamental rights (5th and 14th Amendment)

Procedural Due process

ensuring there are fair procedures especially when you are accused of a crime (5th and 14th amendment)

writ of mandamus

The courts force the government to take a particular action

Prior Restraint

Stopping the Press from printing or publishing something before it’s ever published.

Griswald v. connecticut

Married couples do have the right to contraceptives b/c privacy is a right that is suggested in the 14th amendment

Title IX of the Civil Rights Act 1964 PLUS The Education Amendments Act of 1972

Strengthened federal funding in schools and regulated what schools do. any education program funded by fed gov shall not engage in sex discrimination

Tinker V. Des Mois

School children protested the vietnam war by wearing armbands but the school tried to punish them. SCOTUS ruled in favor the the kids. “children don’t lose their rights when they enter the school doors”

Advice and conSENATE

JCAT:

Judges

Cabinet Secretaries

Ambassadors

Treaties

checks on the excective branch that gives the senate the power confirm nominations and ratify treaties

The house of reps has the unique power to______

propose any revue raising bills (taxes). the framers of the constitution were wary of taxes so they vested the power in the house since it’s the closest to the people

Bill of Attainder

someone is found guilty by law instead of through a court

Emolument Clause

prevents members of congress from profiting from their office

Speech and debate clause

prevents members of congress from being arrested for speech they make on the house floor

Voter Turnout

the amount of people eligible and actually show up to vote on election day

Structural barriers

Things that make it more difficult like voter id laws (think trump/save america act). ALSO voter registration deadlines

Pluralist democracy

group based activism by non government organizations that strive to influence political action for the good of the people

participatory democracy

large participation in government and civil society

elite democracy

limited participation in gov and civil society

(fed no. 10) the constitution creates a referendum because_________________

the framers did not want to leave it up to the people which is why they created an electoral college and senators were elected indirectly from state legislatures (before 17th amendment) (TSAW)

TSAW amendments (progressive)

T (16th)- congress can levy federal income taxes on individuals or corporations without a census

S (17th)- direct election of senators

A (18th)- prohibition

w (19th)- women’s suffrage

4th amendment

requires warrants and prevents unlawful search and seizure

5th amendment

GREDD

G- grand jury indictment for federal crime

R- right to remain silent

E- eminent domain (government cannot take your possessions without reimbursement)

D- Double jeopardy

D- Due process against federal gov

8th amendment

protects against cruel and unusual punishment

7th amendment

trial by jury. fair and impartial trial

22nd amendment

presidential office limited to 2 terms

23rd amendment

DC gets 3 electoral votes

24th amendment

outlaws poll taxes

26th amendment

lowers voting age in federal elections to 18 year olds

Baker v carr (1962)

caused by Tennessee giving to much legislative power to rural districts. established that federal courts have authority to hear cases regarding reapportionment of state districts via equal protection clause of the 14th amendment

shaw v. reno (1993)

redistricting based primarily on race is subject to strict scrutiny under the Equal Protection Clause and is non compliant with voting rights act. (you can gerrymander but NOT on the basis on race)

Engle v. vitale (1962)

NYS board of regents permits voluntary prayer at school. SCOTUS said no on basis of establishment clause of the 1st amendment

Tinker v. des moines (1969)

acts of free protest are protected at school under the 1st amendment. (armbands)

wisconsin v. yoder (1972)

SCOTUS rules that wisconsin law requiring children to be 16 to be pulled out of school violated the free exercise clause of the 1st amendment

Mcdonald v. chicago (2010)

involved arguments over 2nd amendment due to chicago imposing a gun ban but due to 14th amendments due process clause, the 2nd amendment applies to all states so chicagos law is void and they must submit to the federal gov via supremacy clause of article 6 clause 2 (selective incorporation)

citizens united v. fec (2010)

the first amendment protects against limitation on funding of independent political broadcast. allows people to independently spend unlimited money on campaigns (rise of super pacs)

Mccullough v. Maryland (1819)

national bank cannot be taxed by the date. congress has power to create national bank via elastic clause and the supremacy clause of article 6 sec. 2 enforces that it cannot be overridden by states

Gideon v. wainwright (1963)

6th amendment right to legal counsel applies to state courts because of due process clause

selective incorporation

Selective incorporation is the legal doctrine, based on the 14th Amendment's Due Process Clause, through which the Supreme Court has applied most of the Bill of Rights to the states on a case-by-case basis. Originally, the Bill of Rights only limited the federal government, but incorporation ensures states cannot restrict fundamental liberties.

Article 1 of the constitution is about______

The legislative branch and establish the house of reps and the senate

Article 2 of the constitution is about_______

The executive branch and it creates the presidency including vice president and the cabinet

Article 3 of the constitution is about______

the federal judiciary and it creates the supreme court and federal court system

article 4 of the constitution is about______

federalism and cooperation and equality among the states

Article 5 of the constitution is about______

the amendment process how the constitution can be changed

Article 6 of the constitution is about_______

establishing the constitution and federal law as supreme law of the land

Article 7 of the constitution is about______

the ratification process