AP U.S. Government - First Semester Exam Review

Marbury v. Madison constitutional provision(s)

1803 Judicial Power Clause; Art. III

McCulloch v. Maryland constitutional provision(s)

1819 Necessary and Proper Clause, Supremacy Clause; Art. I

Baker v. Carr constitutional provision(s)

1962 Equal Protection Clause; 14th Amend.

Shaw v. Reno

1993 Equal Protection Clause; 14th Amend.

United States v. Lopez constitutional provision(s)

1995 Commerce Clause; Art. I

Marbury v. Madison

Jefferson refuses to honor Adam's judicial appointments. The federal court has the power of judicial review (aka the power to declare unconstitutional acts of the legislature and orders of the president)

McCulloch v. Maryland

Maryland taxes a US Bank. The Congress has the power to established a bank of the United States though this power is not expressly granted to Congress in the Constitution, because a US Bank is necessary and proper for Congress to execute its enumerated powers

Baker v. Carr

a state legislatures sought to establish an unequal electoral district. The USSC has the power to declare legislative redistricting unconstitutional, a violation of the equal protection clause of the 14th amendment, if the legislative redistricting doesn't ensure "one person, one vote."

Shaw v. Reno

legislature draws districts boundaries to create majority-minority districts. The court can declare legislative redistricting unconstitutional if that redistricting is based on race and viewed as a violation of the equal protection clause.

United States v. Lopez

student bring guns to gun-free school. For the commerce clause to be interpreted in a way that allows for Congress to pass a law that creates a gun-free zone within a certain distance of schools stretches the definition of the word commerce to a point where Congress could create whatever law it wants, something which is not in the best interest of the country or our system of checks and balances.

Federalist 10

● A strong, united republic would be more effective than the individual states at controlling "factions" ● A large republic will help control factions because when more representatives are elected, there will be a greater number of opinions. Therefore, it is far less likely that there will be one majority oppressing the rest of the people.

Brutus I

● An Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution ● The immense power of the federal government requires the people to sacrifice their liberties ● A bill of rights was necessary to protect the people from the government ● Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause ● A free republic cannot exist in such a large territory as the United States ● Judicial authority will broaden federal gov't's power (thus, tyranny)

Declaration of Independence

● All men created equal (Natural Rights of Life, Liberty, Property) ● Governments are created to protect these rights ● If Gov't does not protect these rights, then the People have the duty to alter/abolish the government ● Imperfect gov'ts should not be destroyed, only ones that seek to subject the People to Tyranny (destruction of Natural Rights)

Articles of Confederation

● Established a confederacy (state power greater than national power) National power = federal/central power) ● Produced an extremely limited central government. ● Limitations placed upon the central government rendered it ineffective at governing the continually growing American states ● Each state remains sovereign ● Unicameral legislature, each state one vote ● No President, No Judiciary ● Could not force taxation; No standing Army

Constitution

● Establishes a federal government (some fed and state powers shared) ● Outline of federal gov't structure, powers, and limits to those powers ● Three branches (L, E, J) [Sep. of P's] that can limit each other [Ch & B's] ● Federal system of government ● Constitution as Supreme Law

Bill of Rights

● # 1-8 Individual Rights ● #9: Rights not listed are NOT denied to the People ● #10: Powers not given to Federal Gov't nor denied to the states are State Powers

Federalist 51

● Proposes a government broken into three branches: Executive, Legislative, and Judicial ● Each branch should be self-sufficient, but each should have some kind of power over the other in order for them to keep each other from taking over the government. ● The Legislative branch needs to be split further into the House of Representatives and the Senate because it's the most powerful branch, and members of the Judicial branch need to be chosen by the President with the Senate's approval because they want qualified candidates for a position that lasts for life. ● This style of government also helps keep down the power of factions, a recurring theme from Federalist 10

Federalist 70

● Argues that unity in the executive branch is a main ingredient for both energy and safety. Energy arises from the proceedings of a single person, characterized by, "decision, activity, secrecy, and dispatch," while safety arises from the unitary executive's unconcealed accountability to the people. ● Justifies executive strength by claiming that the slow-moving Congress, a body designed for deliberation, will be best-balanced by a quick and decisive executive. ● Also maintains that governmental balance can only be achieved if each branch of government (including the executive branch) has enough autonomous power such that tyranny of one branch over the others cannot occur. ● Makes the case for duration, meaning a presidential term long enough to promote stability in the government. ● Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office. ● Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office

Federalist 78

● As "the weakest of the three departments of power," the Judiciary needs strengthening. ● Without an independent judiciary, any rights reserved to the people by the Constitution "would amount to nothing," since the legislature cannot be relied upon to police itself. ● Lifetime appointments, guaranteed "during good behavior" to insure that judges can resist encroachments from the legislature (to which presumably they would be vulnerable by means of bribes or threats)

Government

the governing body of a nation, state, or community.

Limited government

governmental power is restricted by the law - U.S. Constitution

Natural rights

Fundamental rights of all humans NOT received from a gov't

Popular sovereignty

People are the source of governmental power and authority

Republicanism

a representative form of gov't; people choose representatives to make public policy

Social contract

people create a government to protect the rights of the people

Representative democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.

Participatory democracy

emphasizes broad participation and an active role for individual citizens in politics and civil society including protests, activist movements

Pluralist democracy

group-based activism striving to impact political decision making; individuals become more powerful as part of a group; NRA, NAACP, other interest groups

Elite democracy

emphasizes limited, or filtered, citizen participation in politics and civil society; skeptical of the ability of citizens to make good/educated decisions; Electoral College, congressional representation

Anti-federalist

opposed Constitution, favored states' rights, demanded a Bill of Rights

Federalist

supported the new Constitution, favored strong central government

Democracy

government by the people

Faction

A group with a distinct political interest

Shay's Rebellion

Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Great (Connecticut) Compromise

Created a bicameral legislature; House - population (favored large states); Senate - 2 per state (favored small states); revenue bills would originate in House

Electoral College

the body of electors who formally elect the United States president and vice-president

3/5 Compromise

Slaves would count as 3/5 of a person for population count (every 5 = 3)

Constitutional Convention

The meeting of state delegates in 1787 in Philadelphia called to revise the Articles of Confederation. It instead designed a new plan of government, the US Constitution.

Ratification

Formal approval of a document, such as a constitution or treaty

Separation of powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Impeachment

Charges against a president approved by a majority of the House of Representatives

Concurrent powers

Powers held jointly by the national and state governments.

Categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

Block grants

Money from the national government that states can spend within broad guidelines determined by Washington

Mandates

terms set by the national government that states must meet whether or not they accept federal grants

Federalism

A system in which power is divided between the national and state governments

10th amendment

Powers Reserved to the States

14th amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Commerce clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

Necessary & proper clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Elastic clause

another name for the necessary and proper clause

Enumerated powers

Powers given to the national government alone, listed in the Constitution

Implied powers

Powers not specifically mentioned in the Constitution, but can be derived from the Constitution

Senate

Members: 100

Representation: equal representation/state

Term length: 6 years

Qualifications:

- 30 years old

- Citizen for 9 years

-Resident of the state

House of Representatives

Members: 435

Representation: By population/districts

Term length: 2 years

Qualifications:

- 25 years old

- Citizen for 7 years

- Resident of the district

Constituent

a person whom a member of Congress has been elected to represent

Revenue

incoming money

Tax revenue

the income that is gained by governments through taxation

Budget

A document that states tax collections, spending levels, and the allocation of spending among purposes.

Speaker of the House

Most powerful member of Congress; presides over House, schedules bills for debate and votes; favors own party's legislation, always from majority party

Filibuster

a loosely defined term for action designed to prolong debate and delay or prevent a vote on a bill, resolution, amendment, or other debatable question

Cloture

A vote to stop the filibuster three-fifths of all senators duly chosen and sworn, or 60 of the 100-member Senate

Rules committee

A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house.

Committee of the Whole

A committee that consists of an entire legislative body; used for a procedure in which a legislative body expedites its business by resolving itself into a committee of itself.

Discharge petitions

a motion to force a bill to the House floor that has been bottled up in committee

Entitlements

A claim for government funds that cannot be changed without violating the rights of the claimant.

Discretionary spending

Must be approved annually as part of budget bills; defense is largest area of discretionary spending, education

Pork barrel

Money set aside (earmarked) in a bill for a pet project in a congressman's district

Logrolling

One congressman votes for another congressman's project hoping they will return the favor

Partisanship

Government action based on firm allegiance to a political party

Gerrymandering

Drawing congressional districts in bizarre shapes usually to benefit a party

Redistricting

Redrawing congressional districts; done by state legislatures

Reapportionment

Changing the number of seats each state has in the House of Representatives; following the census

Divided government

Different parties control White House, Senate, and/or House of Representatives

Lame duck

An outgoing official serving out the remainder of a term, after retiring or being defeated for reelection

Trustee representative

believes he or she has been entrusted with the people's faith, and therefore must vote using his or her conscience; can vote against the will of the people if it is believed to be the right thing to do

Delegate representative

believes he or she must vote with the people of the people; there to represent the people's beliefs and desires, not their own

Politico representative

acts like a delegate when its clear that his or her constituents feel strongly about an issue; acts like a trustee if his or her constituents do not feel strongly about an issue

Policy agenda

A set of issues and problems that policy makers consider important. The mass media play an important role in influencing the issues which receive public attention.

Veto

President's rejection of a bill from Congress

Pocket veto

President takes no action AND session of Congress ends within 10 days of receiving bill. Can't be overridden

Commander in chief

term for the president as commander of the nation's armed forces

Executive agreement

Agreement between a President and a foreign head of state, carries the weight of a treaty but doesn't require Senate confirmation

Treaty

a formal agreement between the governments of two or more countries

Executive order

Have the power of law, don't require congressional approval; generally used to direct the bureaucracy and foreign policy

Cabinet

A group of advisers to the president.

Signing statement

A written comment issued by president when signing a bill that provides president's interpretation of bill

Life tenure

federal judges keep their jobs until they retire or die; however, they can be impeached

22nd amendment

Limits the president to two terms.

Formal powers

specific grants of authority defined in the Constitution or in law

Informal powers

Powers not directly granted by law or the Constitution

State of the Union

Nationally televised speech delivered to Congress; attempt to gain support for his agenda and pressure Congress

Bully pulpit

A position of authority that allows the president to speak out on any issue; indirect call to action

Bill of Rights

The first ten amendments to the Constitution

precedent

A past decision that influences future decisions; Following precedent is a guiding principle but Court can change & establish new precedents

judicial activism

Courts can and should overrule other branches when wrong, should freely use their power to advance societal goals and set policy

Judicial restraint

Courts should defer to democratically elected branches whenever possible; Limit judicial power; only strike down laws that are obviously unconstitutional

stare decisis

"Let the decision stand." Means to follow precedent; a guiding principle, but not a requirement, for judges

Cabinet departments

consists of President's appointed cabinet members; Secretary of...; 15