AP GOPO Exam Review Set #2

Article I of the Constitution

Legislative Branch

Article II of the Constitution

Executive Branch

Article III of the Constitution

Judicial Branch

Article IV of the Constitution

State Powers

Article V of the Constitution

Amendment Process

Article VI of the Constitution

Federal vs. State authority and the supremacy of federal law

Article VII of the Constitution

Ratification Process

lobbyist model

A model of representation where Congressional representatives make decisions based on and follow the will of donors and lobbyists. This approach often prioritizes the interests of special interest groups over the general electorate, impacting legislative outcomes.

political patronage / nepotism

The practice among those with power or influence of favoring relatives, friends, or associates, especially by giving them jobs. political patronage is the practice of using government appointments to reward political supporters with jobs, contracts, or other benefits, often based on loyalty rather than merit. this can lead to a "spoils system" where officeholders give jobs to their friends and allies to maintain power.

unitary executive theory

A theory of governance that asserts the president possesses the power to control the executive branch entirely, unencumbered by Congress. Proponents argue this concentration of power allows for more effective and coherent policy execution. This theory is based on the idea that the Constitution vests "the executive power" in a single president, which supporters believe implies total authority over the branch.

executive orders

Directives issued by the president to manage the operations of the federal government. Executive orders have the force of law and can be used to implement policies or take immediate action without Congressional approval.

War Powers Resolution

A federal law that aims to check the president's power to commit the U.S. to armed conflict without Congressional consent. It requires the president to consult with Congress before engaging in hostilities and to notify Congress within 48 hours of military action.

statutory law

Laws enacted by a legislative body, such as Congress. These laws are written and codified, contrasting with case law developed through judicial decisions or executive actions.

administrative law

Rules and regulations created by administrative agencies as authorized by statutory law. It governs the activities of government agencies and ensures compliance with legislative intent.

devolution

The delegation of power from a central government to state or local governments, allowing them greater autonomy and decision-making authority.

writ of certiorari

An order from a higher court to a lower court, requesting the record of a case for review, most famously used by the U.S. Supreme Court to hear appeals from lower courts. Latin for "to be made more certain," it is a discretionary power used to select cases that raise important legal questions or conflict in lower courts, not to review errors of fact.

attitudinal model

This model of Supreme Court decision-making posits that justices decide cases based on their personal political and ideological attitudes rather than strictly on legal doctrine. This model suggests that a judge's sincere preferences and policy goals are the primary factors influencing their rulings, particularly on contentious cases where legal answers are not obvious.

independent judiciary

A system where judges can make decisions without improper influence from other branches of government, political interests, or private entities. It is crucial for the rule of law, ensuring that laws are applied impartially based on facts and legal principles, and for protecting individual rights and liberties from the excesses of government or popular opinion.

Martin-Quinn Score

(MQ) scores are a quantitative measure of the ideological leanings of U.S. Supreme Court justices. The scores are based on a statistical model that analyzes justices' voting patterns to place them on an ideological continuum, with negative scores indicating liberal leanings and positive scores indicating conservative leanings.

prior restraint on the right to publish

Government action prohibiting speech or other expression before it can take place, which is deemed a serious violation of the First Amendment's freedom of the press. The Supreme Court establishes a "heavy presumption against" its constitutionality, meaning the government rarely succeeds in blocking publication, even for national security, as seen in the Pentagon Papers case.

seditious speech

Speech inciting rebellion against the authority of the state, which can be restricted under certain circumstances. The Supreme Court typically balances this against First Amendment rights, often requiring a clear and present danger before limiting such expression.

exclusionary rule

A legal principle in the United States that prevents the government from using most evidence gathered in violation of the U.S. Constitution—specifically the Fourth Amendment’s protection against unreasonable searches and seizures, as well as Fifth and Sixth Amendment rights. It is a judicially created remedy designed to deter police misconduct rather than a personal constitutional right of the aggrieved party.

writ of habeas corpus

A fundamental legal action ("you have the body") used to challenge the lawfulness of a person's imprisonment or detention. It acts as a court order forcing authorities to produce a prisoner and justify their confinement. It is primarily used to protect individuals from unlawful, arbitrary, or unconstitutional detention. A petition is generally filed when someone believes they are held in violation of federal or state constitutional rights.

circumstances where a warrant is required

searching a home, arresting a subject at home, searching specific areas/property, installing tracking devices, electronic surveillance

circumstances where a warrant is not required

consent searches, exigent circumstances, search incident to arrest, plain view doctrine, vehicle searches (probable cause), stop and frisk

coerced confessions and crimes

Occurs when individuals are forced into admitting guilt or committing unlawful acts through threats, physical abuse, or psychological pressure, rather than their own free will. These actions often violate constitutional rights against self-incrimination and, if proven, typically result in the inadmissibility of evidence, creating false confessions and wrongful convictions. 

de facto segregation

Refers to racial separation and inequality that happens "by fact" or in practice rather than by explicit legal requirement. Unlike de jure segregation (enforced by law), this form arises from social, economic, or cultural factors like housing patterns, private choices, or neighborhood composition. It is often seen in school districts and neighborhood demographics that remain separated despite legal desegregation.

de jure segregation

The legal separation of groups of people enforced by government laws and policies. Meaning "according to the law," it mandates segregation in public spaces, schools, and transportation. A prominent historical example includes Jim Crow laws in the U.S. South.

redlining

The illegal, discriminatory practice of systematically denying financial services—such as mortgages, insurance, and loans—to residents of specific neighborhoods based on race, ethnicity, or income, rather than creditworthiness. Originating in the 1930s, this practice drew red lines on maps around minority neighborhoods, causing long-term divestment, wealth gaps, and persistent social inequities.

progressive tax

A system where the tax rate increases as the taxable amount (income) rises. High-income earners pay a larger percentage of their income in taxes compared to low-income earners, based on the principle of ability to pay.

flat tax

An income tax system where every taxpayer pays the same percentage rate, regardless of income level, usually with few or no deductions or exemptions. It is designed to simplify the tax code, reduce filing complexity, and encourage economic growth by treating all income levels equally.

tax deductions

An expense or allowable amount that reduces your total taxable income, which in turn lowers the overall tax you owe to the government.

political efficacy

The belief that an individual citizen can understand and influence political processes and that their actions can affect public policy. It measures a person’s trust in the government’s responsiveness and confidence in their own ability to participate effectively, driving behaviors like voting and activism. Internal efficacy: An individual's confidence in their own ability to understand and engage in politics. External efficacy: The belief that the political system or government will respond to the demands of citizens.

caucus

A meeting of supporters or members of a specific political party or movement, used to select candidates, delegates, or decide policy. Unlike primary elections, caucuses are run by parties rather than state governments and often involve open deliberation or group voting. In legislatures, it refers to a group of officials with shared goals.

Bipartisan Campaign Reform Act (BCRA)

A landmark federal law designed to regulate campaign finance, primarily by banning unregulated "soft money" donations to national political parties and restricting corporate/union-funded "electioneering communications". It aimed to reduce the influence of large, undisclosed donations, but key portions were later narrowed by supreme court rulings.

free-rider problem

Occurs in interest groups when individuals benefit from the group's actions—such as lobbying or advocacy—without contributing time, money, or effort to its causes. Because group achievements are usually public goods, like cleaner air or better legislation, members cannot be excluded from benefits, leading to fewer resources for advocacy and smaller group size.

revolving door phenomenon

Refers to the movement of individuals between positions as public officials (legislators, regulators) and roles in the private sector, such as lobbying, consulting, or corporate leadership. This constant movement—often from regulator to regulated industry—creates potential for conflicts of interest and ethical concerns where industry influences government policy. The phenomenon is frequently criticized for undermining the public interest and fostering an "insider culture" where political connections are prioritized over public service.

linkage institutions

Structures that connect citizens to the government, facilitating communication, political participation, and policy influence. The four main types are elections, political parties, interest groups, and the media. They ensure government responsiveness by shaping public opinion, recruiting candidates, and holding officials accountable.

1st Amendment

Guarantees the freedoms of speech, religion, press, assembly, and petition. It protects individuals from government interference in expressing their views and practicing their beliefs.

2nd Amendment

Protects the right of individuals to keep and bear arms. It is often cited in discussions surrounding gun control and individual rights.

3rd Amendment

Prohibits the quartering of soldiers in private homes without the owner's consent during peacetime. It reflects the Founding Fathers' concerns about government overreach and individual privacy.

4th Amendment

Protects individuals from unreasonable searches and seizures by the government. It requires law enforcement to obtain a warrant based on probable cause to conduct searches of individuals' property.

5th Amendment

Provides several protections for individuals in legal proceedings, including the right against self-incrimination and double jeopardy, and ensures due process of law.

6th Amendment

Guarantees the right to a fair trial, which includes the right to a speedy and public trial, an impartial jury, and legal counsel for defendants.

7th Amendment

Guarantees the right to a jury trial in civil cases where the value in dispute exceeds twenty dollars, ensuring fair legal proceedings.

8th Amendment

Prohibits excessive bail and fines, as well as cruel and unusual punishment, safeguarding individual rights in the criminal justice system.

9th Amendment

States that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people, affirming that individuals have more rights than those explicitly listed.

10th Amendment

Reserves powers not delegated to the federal government to the states or the people, emphasizing federalism and state sovereignty.

11th Amendment

Limits the ability of individuals to sue states in federal court, promoting state sovereignty and protecting states from certain legal actions.

12th Amendment

Established the procedure for electing the President and Vice President, ensuring that they are elected as a team rather than separately, thereby refining the Electoral College process. This amendment requires separate ballots for the President and Vice President, reducing the possibility of conflicting candidates from the same party. This change, stemming from the electoral tie of 1800, also prevents opposing parties from splitting the executive branch and ensures a faster, clearer election process.

13th Amendment

Abolished slavery and involuntary servitude, except as punishment for a crime. This amendment, ratified in 1865, was a crucial step in securing civil rights and promoting equality.

14th Amendment

Guarantees equal protection under the law and due process for all individuals, significantly advancing civil rights and prohibiting states from denying any person within their jurisdiction these fundamental rights. Ratified in 1868, it also addresses citizenship rights and includes the privileges or immunities clause.

15th Amendment

Prohibits the federal and state governments from denying a citizen's right to vote based on race, color, or previous condition of servitude. Ratified in 1870, it aimed to protect African American men's voting rights following the Civil War, although its impact was immediately limited by discriminatory state laws like poll taxes and literacy tests.

16th Amendment

Allows Congress to levy an income tax without apportioning it among the states or basing it on the US Census. Ratified in 1913, this amendment provided the federal government with a significant source of revenue.

17th Amendment

Established the direct election of United States senators by popular vote. Ratified in 1913, it aimed to increase democratic participation and reduce corruption in the election process.

18th Amendment

Prohibited the manufacture, sale, and transportation of alcoholic beverages. Ratified in 1919, it marked the beginning of Prohibition in the United States. Driven by temperance movements, it aimed to reduce social ills but led to widespread illegal alcohol production (bootlegging) and organized crime. It was repealed in 1933 by the 21st Amendment.

19th Amendment

Granted women the right to vote. Ratified in 1920, it marked a significant victory in the women’s suffrage movement, ensuring that voting rights could not be denied based on sex.

20th Amendment

Also known as the Lame Duck Amendment, it changed the inauguration date for the President and Vice President from March 4 to January 20. Ratified in 1933, it aimed to reduce the time between election and taking office, thus minimizing the period of ineffective leadership.

21st Amendment

Ratified on December 5, 1933, it repealed the 18th Amendment and officially ended the nationwide Prohibition of alcohol. It returned the regulation of alcoholic beverages to individual states, allowing them to set their own laws regarding sale, importation, and distribution.

22nd Amendment

Ratified in 1951, it established a two-term limit (eight years) for the President, preventing any individual from serving more than ten years in total (allows a maximum of ten years if a Vice President takes over and serves two years or less of a predecessor's term).

23rd Amendment

Ratified in 1961, it granted residents of Washington, D.C. the right to vote in presidential elections by allocating them electors in the Electoral College, equal to the number of the least populous state.

24th Amendment

Ratified in 1964, it prohibits the use of poll taxes in federal elections, ensuring that the right to vote cannot be denied based on the failure to pay a tax.

25th Amendment

Ratified in 1967, it outlines the procedures for presidential succession and disability, including the transfer of powers when the President is unable to perform their duties. It establishes that the Vice President becomes President if the incumbent dies, resigns, or is removed, and allows for the temporary transfer of power if the President is incapacitated.

26th Amendment

Ratified in 1971, it lowers the voting age from 21 to 18 years for all federal, state, and local elections, ensuring that citizens who are 18 years or older cannot be denied the right to vote based on age. Driven by the Vietnam War-era slogan "Old enough to fight, old enough to vote," it was passed to address the inconsistency of drafting 18-year-olds who could not vote.

27th Amendment

Ratified in 1992, it prohibits Congress from changing its own salary until after the next election, ensuring that any pay adjustments do not take effect until after voters have had a chance to react. It aims to prevent federal legislators from voting themselves immediate pay raises.