AP GOPO exam prep

1st Amendment

Freedom of speech, religion (free exercise and establishment), assembly, and press

2nd Amendment

The right to bear firearms

3rd Amendment

The government can’t quarter soldiers in private homes

4th Amendment

Protection against unreasonable search and seizure by the government.

5th Amendment

Rights of the accused in criminal cases: grand jury, double jeopardy, protection from self incrimination, and due process

6th Amendment

Right to a fair, speedy, and public trial by jury in criminal cases

7th Amendment

Right to trial by a jury of peers in civil cases

8th Amendment

The government can’t enforce cruel and unusual punishment, excessive fines, or require excessive bail

9th Amendment

The enumeration of certain rights in the constitution does not deny unenumerated rights to the people, for example the right to privacy

10th Amendment

Powers not given to the federal government and not prohibited to the states are reserved for the states and the people (devolution)

11th Amendment

Limits the ability of individuals to sue states in a federal court

12th Amendment

Electoral voters vote separately for the President and VP

13th Amendment

Abolishment of slavery

14th Amendment

Defines citizenship (Citizenship Clause) overruling the Dred Scott decision that slaves and former slaves can’t be citizens, guarantees equal protection (Equal Protection Clause), incorporates due process to the states (Due Process Clause) as well as the Bill of Rights, and repealed the 3/5ths clause

15th Amendment

Prohibits denying the right to vote on the basis of race

16th Amendment

Authorizes federal income tax

17th Amendment

Establishes the direct election of senators by citizens

18th Amendment

Prohibits alcohol (repealed)

19th Amendment

Prohibits denying the right to vote on the basis of gender

20th Amendment

Adjusts presidential and congressional term start dates (to shorten the Lame Duck period)

21st Amendment

Repeals Prohibition (18th Amendment)

22nd Amendment

Prevents a single person from holding office of president for more than 2 terms

23rd Amendment

Grants Washington D.C. presidential electoral votes equal to the number of the state with the least electoral votes

24th Amendment

Prohibits the denial of the right to vote based on the inability to pay a certain fee (eliminates poll taxes)

25th Amendment

Outlines succession of presidency and how to replace a VP.

26th Amendment

Lowered the voting age from 21 to 18

27th Amendment

Delays any change of congressional pay from taking place until after the next election

Declaration of Independence

Declares the U.S. a sovereign nation, every person has the natural rights to life, liberty, and the pursuit of happiness, the government must protect these rights, power comes from the consent of the governed, citizens have the right (to be used cautiously) to revolt against an unjust government.

Articles of Confederation

Designed with a fear of centralized power, it prioritized state’s rights and was given no executive or judicial branch and a weak legislature. It could declare war, make treaties, coin money, and settle disputes. It couldn’t tax, raise an army, enforce laws, or regulate commerce. It was slow and weak, and lead to political and economic chaos, culminating in Shays’ rebellion leading to the constitutional convention.

Federalist no. 10

Factions are inevitable and dangerous if given power, but getting rid of them destroys liberty, which is bad. Despite being dangerous when local, on a larger scale like across the country, they grow larger but the competing factions dilute extreme views and allow diversity, making it difficult for the majority to oppress the minority.

Brutus no. 1

The federal government is too large and too distant from the people. The aristocrats won’t care about or reflect the will of the people, and leaders won’t be representative. The Necessary and Proper Clause is too dangerous because it allows for the growth of the federal government. There is no bill of rights. The constitution is a threat to individual and state liberty.

Federalist no. 51

The Madisonian System. First the government must control the people, then it must control itself. People aren’t angels and will seek to expand their power. To prevent this, separation of powers into branches, whose ambition will counter the others ambition. Checks and balances are in place to ensure no one branch dominates the others. The double security of separating power into Federal and State governments too (Federalism).

The Constitution of the United States

Outlines the system of government for the United States of America, split into 7 different articles.

Federalist no. 70

Energy in the Executive. Unitary Executive Theory: a single person acts fast, is decisive, responds to crises, and can be clearly blamed or praised. Two or more people would argue and delay. The president has commander in chief power, veto power, treaty negotiation, and appointment power with checks from other branches. The president is also safe because he’s checked by regular elections, term limits, impeachment, and checks from other branches.

Federalist no. 78

The courts must remain independent from the other branches so they remain uninfluenced and willing to fight against the encroachment of the other branches. Life tenure for SCOTUS judges ensures they make decisions based on their interpretation of law instead of trying to appeal to citizens to be voted back into office. The judges must remain in good behavior. The judiciary is the least dangerous branch as it has no power of purse or sword.

Letter from Birmingham Jail

Civil Rights should be gained through nonviolent means, such as civil disobedience, as people have the right and responsibility to fight against unjust laws. There will not be any deal made between the oppressed and the oppressors without this kind of tension being created. The time is now, we have waited long enough, waiting won’t solve anything.

Marbury v Madison

Established Judicial Review. In the last few days of his presidency, John Adams knew he was defeated in the election, so he appointed several judges that weren’t commissioned by the time he had to leave. Marbury asked the courts for a writ of mandamus (to force a commission), but the courts denied saying it would expand their power beyond what they were given in the constitution.

McCulloch v Maryland

Established Implied Powers. Elastic and Supremacy Clauses were vital. The federal government decided to make the federal bank, and they put it in Maryland, who tried to tax it. The SCOTUS ruled that the federal government had more authority than the states.

Schenck v United States

The first amendment does not protect speech encouraging illegal actions during wartime. Schenck distributed pamphlets during WWI that encoruaged young men to avoid the draft. His speech was ruled to create a clear and present danger to the country, compared to shouting fire in a theatre.

Brown v Board of Education

Ruled that the separate but equal doctrine (Plessy v Ferguson) is void since separation creates a feeling of inferiority in violation of the 14th amendment equal protection clause. Topeka had two racially segregated schools that were actually materially equal, but the civil rights movement caused people to try to fight segregation. The famous doll test comes from this case.

Baker v Carr

One person, one vote. Equal protection clause. The federal courts may rule on voting districts as it is not a question of politics but of law. Context: there was significant urban migration at the beginning of the 1900’s, but voting districts were never altered, to the point where 2/3 of the population had 1/3 of the state's voting power and Baker sued the secretary of state (Carr).

Engel v Vitale

School sponsored, nondemoninational prayer violates the free exercise clause, even if voluntary. The school board wrote a short prayer to be recited by those who wished at the beginning of school. This was one of the earliest cases that ruled against government sponsorship of any religious activity, beginning a long pattern of the same.

Gideon v Wainwright

Established the state must provide a lawyer for those who can’t afford one. In Florida the rule used to be that the state only had to provide a lawyer in capital cases. Gideon, who was charged with breaking and entering was not given a lawyer, represented himself and was sentenced to 5 years. He appealed to the supreme court, claiming that he was denied 14th amendment due process.

Tinker v Des Moines Community School District

Protects students’ expression at school. Tinker and some people wore armbands to symbolically display disapproval of the Vietnam war, and were suspended. Students can’t be punished without a “substantial disruption,” or a clear showing that their actions interfered with the operation of the school. The symbolic armbands were considered “pure speech.”

New York Times v United States

The Pentagon papers case. The New York Times got a hold of information from the Pentagon proving deceptive action on behalf of the military, and the president tried to stop them from publishing it, citing national security as a main concern. The courts decided that prior restraint of the press is highly unlikely to be considered constitutional, nearly only in cases where national security is in immediate and present danger (which in this case it was ruled not to be). Only free press can expose corrupt government.

Wisconson v Yoder

The first amendment right to freedom of religion outweighs the state’s interest in having children attend school until age 16. An Amish family pulled their kids out of school at the end of 8th grade, saying that the schools taught worldly things that contradicted their religion.

Shaw v Reno

Gerrymandering on the basis of race for any reason violates the equal protection clause. Context: In 1990 SC drew a district map with a minority-majority district. The attorney general rejected it, requiring them to add another to account for the state’s population demographic shifts. A group of white voters sued, arguing that the redistrict was unconstitutional under the Equal Protection Clause. The courts decided that race can’t be a determining factor of districts.

United States v Lopez

Limited the reach of the Commerce Clause. Lopez had a gun in school and was punished due to a federal law preventing guns in school, based on the commerce clause. Lopez said that this was an overstep of federal power, and the courts agreed that the possession of firearms wasn’t sufficiently related to commerce.

McDonald v Chicago

The 14th Amendment incorporates 2nd amendment protections to the states too. Chicago had essentially a handgun ban, but Otis McDonald challenged claiming his 2nd amendment rights were being violated and he needed self defense

Citizens United v FEC (Federal Election Commision)

Prevents any restrictions on corporate spending on political campaigns on the basis of the freedom of political speech. Citizens United wanted to release Hillary: the Movie leading up to the election, but were prevented due to a law about corporations using their funds to release material too close to an election about candidates. They sued and won

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

Relationship of the states under a country (full faith and credit), admission of new states, one federal military

Article V of the Constitution

Amendment Process (2/3 of the states or 2/3 of both congressional houses propose, ¾ of the states must ratify)

Article VI of the Constitution

Incorporation of the debts of the states before the ratification, supremacy clause,

Article VII of the Constitution

Process for the ratification of the new U.S. Constitution (requires 9 states approval)