AP Gov Summative 1 Weak Points

Charles de Montesquieu

French Enlightenment thinker who believed in separation of powers into executive, legislative, and judicial branches. This would prevent tyranny by allowing each branch to check and balance the others. Inspired the U.S. Constitution’s 3-branch system.

William Blackstone

British legal scholar who organized and wrote about common law in his book Commentaries on the Laws of England. His ideas heavily influenced American legal tradition and the development of U.S. law.

Judeo-Christian influence

Colonial leaders were influenced by Biblical teachings, especially moral laws like the Ten Commandments. Ideas about justice, morality, and human dignity shaped American political thought. Many colonies were founded to escape religious persecution in Britain.

John Adams

Pushed for independence early in the Revolution. Helped Jefferson write the Declaration of Independence. Advocated for a republic ruled by law, bicameral legislature, and separation of powers. Served as Vice President under Washington and later as President.

Alexander Hamilton

Critic of weak central government. Co-authored Federalist Papers to support ratification of the Constitution. Founded the Federalist Party and the First National Bank. Believed in a strong central government.

Thomas Jefferson

Author of the Declaration of Independence. Opposed Hamilton’s ideas; supported states’ rights and a weaker federal government. Founded the Democratic-Republican Party. Became the third U.S. President.

James Madison

Known as the "Father of the Constitution". Key figure in writing the Bill of Rights. Initially supported a strong central government but later favored state power. Co-founded the Democratic-Republican Party. Became the fourth U.S. President.

John Jay

Co-author of the Federalist Papers with Hamilton. First Chief Justice of the U.S. Supreme Court. Leader of the Federalist Party. Abolitionist – helped end slavery in New York (1799). Strong supporter of the Constitution.

George Mason

Refused to sign the Constitution due to lack of a Bill of Rights. Inspired the inclusion of the Bill of Rights in the U.S. Constitution. Advocate for ending the slave trade.

Roger Sherman

Signed the Declaration of Independence, Articles of Confederation, and Constitution. Supported a unicameral legislature under the Articles. Helped negotiate the Great Compromise at the Constitutional Convention.

George Washington

Commander of Continental Army during the Revolution. Presided over the Constitutional Convention. First U.S. President; avoided party politics. Warned against political factions in his Farewell Address. Established presidential traditions (e.g., cabinet).

James Wilson

One of the original 6 Supreme Court justices. Advocated for popular election of the president and senators. Proposed the Three-Fifths Compromise. Supported representation based on population in the House.

Preamble

Introduction to the Constitution. It explains the purpose of the document and more broadly, the purpose of government.

Article I

The Legislative Branch – Establishes this branch by creating two houses of Congress and gives the general rules for how laws should be made by this branch. It also outlines requirements for service in Congress.

Article II

The Executive Branch – Establishes the powers and duties of the President to carry out the laws made by Congress. It also outlines requirements for service as President.

Article III

The Judicial Branch – Establishes the judicial branch and the Supreme Court. It also outlines the authority of the Supreme Court.

Article IV

Relationships Among the States – Describes the relationship of the states to the national government and to one another.

Article V

The Amendment Process – Explains how the Constitution can be amended, or changed.

Article VI

National Supremacy – Explains that the Constitution, treaties, and all laws passed by Congress are the “supreme Law of the Land.”

Article VII

Ratification of the Constitution – Explains the process for ratification (approval) of the Constitution.

Presidential System

Voters elect both the members of the legislature and the president through an election. Advantage: executive and legislative branches are coequal and independent. Disadvantage: gridlock may occur when branches are controlled by opposing parties.

Parliamentary System

Voters elect members of the legislature, and the executive is chosen from among those legislators. Advantage: easier passage of laws due to party alignment. Disadvantage: executive is dependent on legislature, weakening separation of powers.

Exclusionary Rule

Legal principle that prohibits the use of evidence obtained through violations of the Constitution (especially the Fourth Amendment) in a court of law.

Incorporation Doctrine

Legal doctrine used by the Supreme Court to apply protections in the Bill of Rights to the states using the Fourteenth Amendment’s Due Process Clause.

Civil Rights Act of 1957

First federal civil rights legislation since Reconstruction. Primarily focused on protecting voting rights for African Americans and created the U.S. Civil Rights Commission.

Civil Rights Act of 1964

Landmark law that outlawed discrimination based on race, color, religion, sex, or national origin in public accommodations, employment, and federally funded programs.

Engel v. Vitale (1962)

Ruled that school-sponsored prayer in public schools violates the Establishment Clause of the First Amendment. Reinforced the principle of separation of church and state and expanded civil liberties in public education.

Lemon v. Kurtzman (1971)

Struck down state funding for religious schools and established the “Lemon Test” to determine if a law violates the Establishment Clause. The test assesses purpose, effect, and entanglement with religion under the First Amendment.

Wisconsin v. Yoder (1972)

Held that the Free Exercise Clause of the First Amendment outweighed the state's interest in compelling school attendance beyond 8th grade. Allowed Amish parents to remove children from public schools for religious reasons.

Schenck v. United States (1919)

Upheld the Espionage Act; speech creating a “clear and present danger” is not protected under the First Amendment. Limited civil liberties during wartime and established a key test for restricting speech.

Tinker v. Des Moines (1969)

Affirmed students' First Amendment rights to symbolic speech in public schools, as long as it does not disrupt the educational process. Protected civil liberties of students.

Near v. Minnesota (1931)

Ruled that prior restraint (government censorship before publication) violates the First Amendment’s freedom of the press. Strengthened protection against censorship.

New York Times v. United States (1971)

Government cannot exercise prior restraint unless it proves publication would cause a “grave and irreparable” danger. Strengthened the First Amendment’s protection of the press during the Pentagon Papers case.

Citizens United v. Federal Election Commission (2010)

Ruled that corporate political spending is protected under the First Amendment’s free speech clause. Led to the rise of Super PACs and major changes in campaign finance.

McDonald v. Chicago (2010)

Incorporated the Second Amendment right to bear arms to the states via the Fourteenth Amendment’s Due Process Clause. Extended individual gun ownership rights nationally.

District of Columbia v. Heller (2008)

Held that the Second Amendment protects an individual’s right to possess firearms for self-defense in the home. Struck down D.C.’s handgun ban and emphasized gun ownership as a personal liberty.

Mapp v. Ohio (1961)

Applied the Exclusionary Rule to the states through the Fourteenth Amendment. Evidence obtained illegally cannot be used in court, reinforcing Fourth Amendment protections.

Miranda v. Arizona (1966)

Established the requirement for police to inform suspects of their rights (Miranda rights) under the Fifth and Sixth Amendments before interrogation. Protected against self-incrimination and ensured fair legal processes.

Griswold v. Connecticut (1965)

Recognized a constitutional "right to privacy" in striking down a law banning contraceptive use. Interpreted the First, Third, Fourth, and Ninth Amendments as implying privacy rights.

Roe v. Wade (1973)

Legalized abortion nationwide by recognizing a woman’s right to choose as part of the right to privacy under the Fourteenth Amendment’s Due Process Clause. Major milestone in reproductive rights.

Planned Parenthood v. Casey (1992)

Upheld Roe v. Wade but allowed states to impose abortion restrictions that do not place an “undue burden” on women. Modified the framework for evaluating abortion laws.

Gitlow v. New York (1925)

Applied the First Amendment’s freedom of speech to the states through the Fourteenth Amendment (selective incorporation). Limited speech advocating illegal activities if it presents a dangerous tendency.

Plessy v. Ferguson (1896)

Upheld racial segregation under the “separate but equal” doctrine. Interpreted the Equal Protection Clause of the Fourteenth Amendment narrowly, allowing systemic segregation.

Brown v. Board of Education (1954)

Overturned Plessy v. Ferguson and declared that segregation in public schools violates the Equal Protection Clause of the Fourteenth Amendment. Landmark case in civil rights history.

University of California v. Bakke (1978)

Ruled that racial quotas in college admissions violate the Equal Protection Clause, but allowed race to be one of several admission factors. Set precedent for affirmative action policies.

Shaw v. Reno (1993)

Ruled that racial gerrymandering, even if with good intent, violates the Equal Protection Clause. Congressional districts must be drawn without race as the predominant factor.

Obergefell v. Hodges (2015)

Legalized same-sex marriage nationwide under the Fourteenth Amendment’s Equal Protection and Due Process Clauses. Extended civil rights and recognized marriage equality.