AP Government Foundational Documents and Court Cases Flashcards

Flashcards covering essential foundational documents and landmark Supreme Court cases for the AP U.S. Government and Politics exam.

Amendment process

The process used to ratify or change the U.S. Constitution.

Proposal Process (Constitutional Amendment)

Requires either 2/3 of congress to propose an amendment or 2/3 of state legislatures to request it (which has never happened).

Ratification Process (Constitutional Amendment)

Requires approval by 3/4 of state legislatures or 3/4 of state conventions.

Federalist no.10

Written by James Madison to warn against the dangers of factions and explain how to protect the wants of the few without infringing on the rights of the many.

Factions

Groups of citizens with common goals or interests, such as differences in opinion, religion, or economic interests.

Declaration Of Independence

Written July 4, 1776, by Thomas Jefferson and the Continental Congress; a statement that the United States is an independent country.

Preamble (Declaration of Independence)

Sets the philosophical tone of the document, stating "All men are created equal" and have a right to life, liberty, and the pursuit of happiness.

Popular sovereignty

An enlightenment principle asserted in the Declaration of Independence stating that the right to alter or abolish an unfair government is required.

List of Grievances

A part of the Declaration of Independence that accuses King George of wrongdoings, including taxation without representation and denying trial by jury.

Resolution of Independence

The first official claim to sovereignty, stating that the states are now free and independent.

Bill of Rights

Passed in 1791, these 10 amendments were the last compromise needed to get anti-federalists to support the Constitution and protect civil liberties.

Brutus No.1

An anti-federalist document arguing that a strong central government will inevitably destroy the liberties of the people and the authority of the states.

Federalist No.51

Written by James Madison; argues for a built-in separation of powers and checks and balances to prevent "tyranny of the majority."

Federalist No.15

Written by Alexander Hamilton; claims the Articles of Confederation are too weak and that a stronger national government is needed for unity.

Federalist No. 70

Written by Alexander Hamilton; argues for a single executive leader to ensure "energy in the executive" and effective government.

Federalist No.78

Written by Alexander Hamilton; describes the Judiciary as the weakest branch and argues for life tenure of justices and the concept of Judicial Review.

Letters From a Birmingham Jail

Written by Martin Luther King Jr. in 1963; argues that "injustice anywhere is a threat to justice everywhere" and that there is a moral duty to disobey unjust laws.

Marbury vs. Madison (1803)

Landmark case that established Judicial Review, giving the Supreme Court the power to determine if a law is constitutional.

Judicial review

The power of the Supreme Court to determine if a law is constitutional or not and strike it down if it is not.

McCulloch vs Maryland (1819)

Ruled that Congress had the power to create a National Bank under the Necessary and Proper Clause and that states could not tax it due to the Supremacy Clause.

U.S vs Lopez

A 5-4 ruling that the Gun-Free School Zones Act of 1990 exceeded Congress's authority under the Commerce Clause.

Shaw v. Reno (1993)

Ruled that racial gerrymandering must be held to strict scrutiny under the Equal Protection Clause of the 14th Amendment.

Baker v Carr (1962)

Established that legislative apportionment is an issue for the courts to rule over, leading to the principle of "one person, one vote."

Citizens United vs. FEC (2010)

Ruled that the government cannot limit union or corporate spending on political ads because political spending is protected free speech.

Brown vs. Board (1964)

A unanimous ruling that overturned Plessy v. Ferguson, establishing that "separate is unequal" in public schools.

McDonald v. Chicago (2010)

Ruled 5-4 that the Second Amendment applies to state and local governments through the process of Selective Incorporation.

Selective Incorporation

The process through which the Second Amendment (and other Bill of Rights protections) applies to the states via the 14th Amendment's Due Process Clause.

Gideon v. Wainwright (1963)

A unanimous ruling that states must provide counsel to defendants who cannot afford one in criminal cases under the Sixth Amendment.

Miranda v. Arizona (1966)

Ruled 5-4 that the Fifth Amendment requires police to inform suspects of their rights, such as the right to remain silent, before questioning.

ENGEL V. VITALE (1962)

Ruled 6-1 that reading a voluntary prayer at the start of the school day violates the Establishment Clause of the First Amendment.

WISCONSIN V. YODER (1972)

Ruled 7-0 that compulsory school attendance laws violated the Free Exercise Clause of the 1st Amendment for Amish families.

SCHENCK V. U.S (1919)

A unanimous ruling that established the "clear and present danger" test as a limitation on Free Speech, especially during wartime.

TINKER V. DES MOINES (1969)

Established that students have First Amendment free speech rights in public schools and that schools can only limit speech if it is disruptive.

Symbolic Speech

A type of expression where a message is communicated without words, often through actions or symbols, such as wearing a black armband.

NY TIMES V. U.S (1971)

Ruled 6-3 that the government cannot exercise prior restraint unless there is a clear threat to National Security regarding the publication of the Pentagon Papers.

Prior restraint

Censorship imposed by a government on expression before the expression actually takes place.