AP Gov Units 1 and 2 - Entire Study Guide

Natural rights identified by John Locke

Life, liberty, and property.

John Locke's influence on the English Bill of Rights

He challenged the divine right of kings by asserting that the right to rule comes from the people.

Social contract theory

Created by John Locke. The idea that government exists with the consent of the governed.

Montesquieu's philosophy

Separation of powers (branches, checks and balances)

Blackstone's philosophy

He organized British common law, which American law is derived from.

John Jay

Federalist papers. Disliked slavery.

Roger Sherman

Democratic Republican. Unicameralism.

James Wilson

Direct elections. Proposed 3/5 compromise.

John Adams

He helped Thomas Jefferson with the Declaration of Independence and advocated for a republic with laws.

James Madison.

Known as the 'Father of the Constitution'

George Mason

He refused to sign the Constitution due to the lack of a Bill of Rights. Opposed slavery.

Great Compromise

A merging of the New Jersey Plan (unicameral, equal representation) and the Virginia Plan (bicameral, population-based representation), establishing a bicameral legislature. Senate has equal rep and House of Representatives has population-based rep.

Three-Fifths Compromise

It established that three-fifths of the total number of slaves in each state would count for representation and taxes.

Commerce and Slave Trade Compromise

Congress could regulate commerce but could not act on slavery for 20 years.

Electoral College Compromise

Balanced the desires of states (short terms, term limits, and state legislatures to elect president) and federal gov (direct elections, longer terms, and unlimited terms) by creating indirect elections via the Electoral College, 4-year terms, and unlimited terms.

Republicanism

The idea that people elect representatives to rule on their behalf.

Amendment proposal

An amendment can be proposed if both houses adopt it with a 2/3 vote or through a convention of the states.

Amendment ratification

An amendment must be ratified by 3/4 of state legislatures or by ratifying conventions in 3/4 of states.

Elitism

A democracy controlled only by a select few, such as the electoral college.

Confederation

A union of many state governments that often leads to frequent conflicts.

Establishment Clause

The government cannot promote a state-sponsored religion. Part of the 1st Amendment.

Free exercise clause

The government can't stop anyone from practicing religion.

Clear and present danger test

Determines when speech can be limited by the federal government, such as during wartime. Established after Schenck v. US.

Schenck v. United States (1919)

Defendant found guilty of violating the Espionage Act for encouraging draft resistance. An example of the first amendment not being absolute.

Engel v. Vitale (1962)

Ruled 6-1 that government-sponsored voluntary prayer in public schools violated the establishment clause.

Wisconsin v. Yoder (1972)

Unanimously ruled that Amish families could withdraw their children from school past 8th grade based on the free exercise clause.

Lemon v. Kurtzman (1971)

Ruled that PA (8-0) and RI (8-1) statutes trying to implement funding for non-secular schools violated the establishment clause.

Texas v. Johnson (1989)

Man's conviction for burning a flag was overturned and decided to be symbolic speech (a form of expression protected under the First Amendment). Selective incorporation.

Miller Test

Determines if material is obscene based on community / average person's standards regarding sexual content.

Prior Restraint

Government censorship of information before it is published or broadcast. Prior restraint is prohibited through the 1st Amendment, which outlines freedom of the press.

Tinker v. Des Moines (1969)

Protected students' rights to wear armbands to school as symbolic speech in protest of the Vietnam War (7-2).

Near v. Minnesota (1931)

Reestablished the principle of prior restraint against government censorship of the press (5-4). Selective incorporation.

New York Times v. United States (1971)?

Ruled in favor of the New York Times and against the Nixon Administration (6-3), upholding the principle of no prior restraint. Also known as the Pentagon Papers case.

Citizens United v. FEC (2010)

Allowed the publication of a film on Hillary Clinton as free speech, opening the door for campaign financing (5-4).

DC v. Heller (2008)

The government cannot ban private possession of a gun. However, gun laws were upheld in San Francisco in 2015.

Mapp v. Ohio (1961)

The Supreme Court ruled that all evidence obtained illegally (in violation of the Fourth Amendment) cannot be used in court (6-3). This established the Exclusionary rule.

Miranda v. Arizona (1966)

Ruled that Miranda's confession was inadmissible because he was not informed of his right to counsel, violating the Fifth Amendment (5-4).

Griswold v. Connecticut (1965)

Ruled in favor of preventing states from making contraceptives illegal, as it would violate marital privacy (7-2).

Roe v. Wade (1973)

Ruled in favor of Roe's constitutional right to an abortion as a matter of medical privacy (7-2).

Planned Parenthood v. Casey?

Ruled in favor of Planned Parenthood by affirming the ruling in Roe v. Wade, but allowed states to restrict the right to an abortion (including waiting periods and parental consent) as long as it does not pose an "undue burden."

Incorporation Doctrine

The process by which the Bill of Rights was extended to the states. Includes the due process and equal protection clauses.

Equal protection clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Due Process Clause

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

Preferred position

The supposed superiority of rights of expression over other constitutional rights

Barron v. Baltimore (1833)

It affirmed that the Bill of Rights did not apply to the states before the 14th Amendment.

Gitlow v. New York (1925)

Ruled that New York could prohibit speech threatening violent overthrow, affirming that the First Amendment applies to the states (7-2). Was the first ruling to apply the Bill of Rights to states.

Hustler Magazine v. Falwell (1988)

Unanimously ruled that the magazine's political parody was protected as free speech despite the state's interest in protecting politicians. Selective incorporation.

McDonald v. Chicago (2010)

Ruled (5-4) that the Second Amendment applies to states, meaning those who sued Chicago for its gun bans had won. Selective incorporation.

Gideon v. Wainwright (1963)

Unanimously ruled that Gideon's 6th Amendment right to counsel applies at the state level, so his conviction was invalid. Selective incorporation.

Escobedo v. Illinois (1964)

Ruled (5-4) that defendant’s 6th amendment rights were violated when his requests for a lawyer were denied during interrogation. Selective incorporation.

Furman v. Georgia (1972)

The Supreme Court ruled in favor of defendant, stating that the death penalty violated the Eighth Amendment's protection against cruel punishment. Selective incorporation.

Gregg v. Georgia (1976)

The Court ruled (7-2) that defendant’s death penalty was fair under the Eighth Amendment, with dissenters arguing that the death penalty is immoral. Selective incorporation.

Rational Basis Test

Requires that states allowing discrimination must have a rational basis behind the law.

Strict Scrutiny Test

Applied in cases involving a suspect class. Requires the government to provide a compelling reason for the action allowing racism by using the least restrictive means possible.

Civil Rights Act of 1957

Established the Justice Department's Civil Rights Division and outlawed preventing any person from voting.

Civil Rights Act of 1964

Ended Jim Crow Laws and created the Equal Opportunity Employment Commission to prevent discrimination based on sex, religion, and race.

24th Amendment

Prohibits poll taxes.

Voting Rights Act of 1965?

Outlawed literacy tests and enabled federal oversight of voter registration in historically discriminatory areas.

Plessy v. Ferguson (1896)

The Court ruled (7-1) that Louisiana's state law enforcing segregation was constitutional under the doctrine of 'separate but equal'.

Brown v. Board of Education (1954)

The Court unanimously ruled that separate but equal facilities (specifically segregated public schools) violate the Equal Protection Clause of the 14th Amendment. Plessy v. Ferguson was overturned.

Brown v. Board of Education II

The Court ruled unanimously that school districts and state governments must implement desegregation with 'deliberate speed'.

University of California v. Bakke (1978)

The Court ruled (8-1) that racial quota systems violate the Civil Rights Act of 1964, but race can be considered in admissions criteria. Allan Bakke was then admitted to the UC med school he applied to.

Shaw v. Reno (1993)

The Court ruled (5-4) that a plan by the US Attorney General to create racially gerrymandered districts was unconstitutional (an attempt to separate districts based on race despite having pure intentions).

Equal Pay Act of 1963

Makes it illegal to pay employees differently based on gender, race, etc.

Title IX

Prohibits discrimination based on gender in federally funded schools. Helped womens' athletics.

Lily Ledbetter Fair Pay Act of 2009

Allowed lawsuits based on discriminatory pay (women being payed less than men).

Indian Gaming Regulatory Act of 1988

It allows Native Americans to operate casinos on their reservations.

Obergefell v. Hodges (2015)

The Supreme Court ruled (5-4) in favor of legalizing gay marriage.