AP Gov AP exam

SCOUTS

Only court established by constituion

Judges of Supreme court

Appointed by president, confirmed by senate and hold lifetime appointments

Orginigal jurisdiction

The court can hear case for the first time

Appellate Jursidiction

The court can only hear appeals from lower courts

Judiciary Act of 1789

Established structure and jurisdiction of the lower level courts

Court of appeals

Hears appeals from lower courts and makes sure law was applied correctly

District Courts

Only have orginal jurisdiction and cases are head by a judge and jury

Order of courts

District court- Court of Appeals- Supreme Court

Judicial Review

The court has the power to rule on the constitionality of laws and has the ability to establish national policies through judicial review

Federalist 78

Hamliton argues the independence of the judicial ranch erected a protective wall around its power and focues exclusively on constitutinal interpretation of laws

Judicial activism

What a court acts to establish policy and in its deblierative work considers the broad effects on society

Judcial resistrant

the concept of a judge not injecting his or her own preferences into legal proceedings and rulings.

Checking the judicial branch

1. Passing laws that modify the impact of prior decisions

2. Constitutional amendments

3. Passing legislation that impacts the court’s jursidiction

4. Judicial appointments

5. Not enforcing the decision handed down

Civil Liberties

Fundamental individual rights protected from government interference, such as freedom of speech and religion.

Civil Rights

Protects groups from discrimination

1st amendment

Protects freedom of speech, religion, press, assembly, and petition.

2nd amendment

Protects the right to keep and bear arms.

3rd amendment

Protects citizensfrom having soldiers quartered in their homes

4th amendment

Protects against unreasonable searches and seizures of personal property

5th amendment

You can't be tried for the same crime twice; life, liberty, and property cannot be taken without due process of law.

6th amendment

You have the right to a speedy and public trial.

7th amendment

In a lawsuit, if the controversy exceeds $20, the right to a trial by jury is preserved

8th amendment

Prohibits excessive bail and cruel/unusual punishment

Establishment clause

Prohibits Congress from establishing a national church

Exercise clause

Protects the rights of citizens to practice their religion without interference from the government

Engel v. Vitale

A New York State law required public schools to begin each day with a nondenominational prayer. A parent sued on behalf of his child, arguing that the law violated the First Amendment's Establishment Clause.

• Supreme court deemed this a violation of the establishment clause of the first amendment

• Ruled state-sponsered prayer in schools unconstitutional

Wisconsin v. Yoder

Ruled that Wisconsin's compulsory school attendance law violated the First Amendment's free exercise of religion clause. The case involved three Amish fathers who refused to send their children to public or private school after the eighth grade

• Court agreed that it was a violation for their rights to free exercise

Tinker v. Des Moines

A group of students in Des Moines, Iowa planned to wear black armbands to school as a silent protest against the Vietnam War

• The right to symbolic speech was upheld

Schenck v. The United States

Charles Schenck, a socialist who distributed leaflets urging people to resist the military draft during World War I

• Court ruled the conviction was indeed constitutional and no violation of his first amendment right to free speech was accused

• The pamphlets incited unlawful action and this speech erected a clear and present danger to American society

Prior Restraint

When the government tries to restrict a story prior to its publication

New York Times v. United States

US government tried to prevent the New York Times and the Washington Post from publishing classified government documents (pentagon papers).

• Court ruled the freedom of press was more important in this case

• Court held that the government's evidence did not justify imposing prior restraints on the material.

McDonald v. Chicago

The case challenged Chicago's strict gun control laws, which prohibited the possession of guns within the city.

• Fourteenth Amendment's Due Process Clause incorporates the Second Amendment's right to bear arms and makes it enforceable against states

Selective Incorporation

The process by which the Bill of Rights is applied to the states

14th amendment

The federal and state government must be restrained from infringing on the rights of citizens

Due Process

A legal requirement that the government treat individuals fairly and respect their legal rights when making decisions that may affect them.(5th and 14th amendment)

Gideon v. Wainwright

Clarence Earl Gideon was charged with breaking and entering in Florida, but was denied a court-appointed attorney at his trial. Gideon represented himself and was found guilty

• Ruled that the right to counsel is a fundamental right that applies to all criminal defendants in state and federal courts.

Right to Privacy

The court established the right to Privacy as the implicit right

Brown v. Board of Education

Chief Justice Earl Warren delivered a unanimous ruling that segregation violated the Equal Protection Clause of the Fourteenth Amendment. The ruling overturned the "separate but equal" principle set forth in the 1896 case Plessy v. Ferguson.

Affirmative Action

Decribes policies enacted that favor groups that have been discriminated against

De Jure Segregation

Racial segregating by law (Jim crow laws)

De facto

Racial segregation by personal choice

Exclusionary rule

Evidence illegally seized by law enforcement officers cannot be used against the suspect

Title IX of the Education Amendments of 1972

Prohibits sex discrimination in educational programs and activities that receive federal funding

Stare decisis

a legal doctrine that requires courts to follow previous judicial decisions when the same or similar issues arise again.

9th amendment

The enumeration of certain rights in the Constitution does not deny or disparage other unenumerated rights retained by the people

10th amendment

reserves powers not specifically delegated to the federal government, nor prohibited to the states, to those respective states, or to the people

15th amendment

Prohibits denying the right to vote based on race.

17th amendment

Provides for the direct election of US Senators.

19th amendment

Guarantees women the right to vote.

22nd amendment

Limits the president to two terms

24th amendment

abolishes poll taxes

26th amendment

Change the voting age to 18

Article I

Establishes the legislative branch (Congress) with its bicameral structure (House of Representatives and Senate).

Article II

Defines the executive branch, including the President and their powers and duties.

Article III

Outlines the judicial branch and the Supreme Court. It establishes the jurisdiction of courts and the authority of judges.

Natural rights

Fundamental rights inherent to all individuals, including life, liberty, and property. These rights are not granted by governments but are considered pre-existing and must be protected.

Populat sovereignty

The principle that the authority of a government is derived from the consent of the people, allowing them to exercise ultimate power through voting and political participation.

Soical contract

An agreement among individuals to form a government, outlining the rights and duties of both the governed and the governing body, often justifying political authority.

Limited government

A political system in which the powers of the government are restricted by law, protecting individual rights and preventing the abuse of power.

Participatory democracy

A model of democracy in which citizens have the power to make direct decisions on policy and governance, actively engaging in political processes.

Pluarlist democracy

A democratic system where multiple groups compete for power and influence, ensuring that diverse interests are represented in policymaking.

Elite democracy

A political system in which a small number of elites or influential individuals hold significant power and make decisions on behalf of the larger population, often prioritizing their interests over broader democratic participation.

Brutus 1

An anti-Federalist essay arguing against the ratification of the Constitution, emphasizing the dangers of a powerful central government and advocating for state sovereignty.

Federalist 10

An essay by James Madison that argues for the importance of a large republic in controlling factions and protecting minority interests, advocating for a strong central government to prevent the tyranny of the majority.

Articles of confederation

The first governing document of the United States, established a weak central government and a system of state sovereignty. It ultimately failed due to its inability to address national issues, leading to the Constitutional Convention.

Grand committee

A group of delegates at the Constitutional Convention tasked with resolving disagreements on representation and federal structure, notably creating the Great Compromise.

Great compromise

The agreement reached during the Constitutional Convention that established a bicameral legislature, combining proportional representation in the House of Representatives with equal representation in the Senate.

Virgina plan

A proposal at the Constitutional Convention that recommended a bicameral legislature with representation based on population, favoring larger states.

New jersey plan

A proposal during the Constitutional Convention that called for a unicameral legislature with equal representation for each state, favoring smaller states.

Bicameral Congress

A legislature consisting of two chambers, typically the House of Representatives and the Senate, which is a structure established in the United States Constitution.

Electoral college

A body of electors established by the Constitution, responsible for electing the President and Vice President of the United States.

Three-fifths compromise

A constitutional agreement that counted three-fifths of the enslaved population for purposes of representation and taxation, balancing the interests of slave and free states.

Article V

The section of the United States Constitution that outlines the process for amending the Constitution, requiring proposals by two-thirds of Congress or a national convention and ratification by three-fourths of the states.

Legislative branch

The branch of government responsible for making laws, consisting of the House of Representatives and the Senate.

Advice and consent

a power granted to the Senate that allows it to approve or reject presidential appointments and treaties.

Executive branch

The branch of government responsible for enforcing laws and administering the day-to-day operations of the state, headed by the President.

Judicial branch

The branch of government responsible for interpreting laws and administering justice, comprised of the Supreme Court and lower federal courts.

Judical review

the power of the courts to assess whether a law is in compliance with the Constitution.

Federalism

The sharing of poer between national and state governments

Exclusive powers

reserved to the federal government, including regulating immigration and conducting foreign affairs.

Reserved powers

powers retained by the states, such as regulating education and conducting elections.

Concurrent powers

shared by both national and state governments, such as the power to tax and establish courts.

Fiscal federalism

financial relationships between federal and state governments, including grants and expenditures.

Categorical grants

federal funds provided to states for specific purposes, often with strict regulations and requirements.

Block grants

federal funds allocated to states for broad purposes, allowing for more flexibility in how the money is used.

Mandates

federal requirements imposed on states to ensure compliance with national standards, often without accompanying funds.

Unfunded mandate

A federal requirement imposed on states without the provision of funds to help meet those standards.

Commerce clause

A provision in the U.S. Constitution that grants Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes.

Necessary and proper clause/ elastic clause

A provision in the U.S. Constitution that allows Congress to make laws deemed necessary to carry out its enumerated powers, enabling flexibility in legislative authority.

MuClloch v Maryland (1819)

A landmark Supreme Court case that established the principle of federal supremacy over state laws and upheld the use of implied powers under the Necessary and Proper Clause.

United States v Lopez (1995)

A significant Supreme Court case that ruled the Gun-Free School Zones Act exceeded Congress's authority under the Commerce Clause, reinforcing limits on federal power.

Individualism

The belief in the importance of individual rights and personal autonomy, often emphasizing self-reliance and independence in social and political contexts.

Equality of opportunity

The principle that all individuals should have the same chance to pursue their goals and improve their socioeconomic status, regardless of their background or circumstances.

Free Enterprise

An economic system where private businesses operate competitively for profit with minimal government intervention, emphasizing individual entrepreneurship and market-driven decisions.

Rule of law

The principle that all individuals and institutions are subject to and accountable under the law, ensuring fairness and justice in legal proceedings.

Federalist 78

A key essay written by Alexander Hamilton that discusses the role of the judiciary in the United States, arguing for the importance of an independent judiciary and judicial review to protect against legislative encroachments.

Polticial socialization

The process by which individuals acquire their political beliefs, values, and behaviors, often influenced by family, education, media, and social environments.

Generational effects

The impact of historical events and social changes on the political attitudes and behaviors of specific age groups, shaping their perspectives and affiliations throughout their lives.

Baby boomer

refers to the generation of individuals born between 1946 and 1964, known for significant demographic and cultural changes in the U.S. during the post-World War II era.

silent generation

The demographic cohort born between the mid-1920s and early 1940s, known for their distinctive political and cultural attitudes shaped by the events of their formative years.