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Flashcards based on AP Government Study Guide
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What power was established in Marbury v. Madison?
The Supreme Court has the power to determine if actions of the legislative and executive branches violate the Constitution.
What clauses are relevant in McCulloch v. Maryland?
The Supremacy Clause and the Necessary and Proper Clause
What was the holding in McCulloch v. Maryland?
Congress can establish a bank and the Supremacy Clause prevents Maryland from taxing the bank.
What limit to free speech was established in Schenck v. United States?
The First Amendment does not protect speech that creates a clear and present danger.
What clause is relevant in Brown v. Board of Education?
The Equal Protection Clause
What was the holding in Brown v. Board of Education?
The Equal Protection Clause does not allow states to segregate because separation is inherently unequal.
What clause is relevant in Baker v. Carr?
The Equal Protection Clause
What was the holding in Baker v. Carr?
Established 'one person one vote,' districts must be roughly equal in population.
What clause is relevant in Engel v. Vitale?
Establishment Clause
What was the holding in Engel v. Vitale?
The Establishment Clause prevents the government from forcing religion onto citizens.
What clauses are relevant in Gideon v. Wainwright?
6th Amendment, 14th Amendment Due Process Clause
What was the holding in Gideon v. Wainwright?
The 6th Amendment right to an attorney is a fundamental right applied to the states.
What clause is relevant in Tinker v. Des Moines?
First Amendment Free Speech
What was the holding in Tinker v. Des Moines?
Speech in schools is protected unless it is disruptive.
What clause is relevant in New York Times v. United States?
First Amendment Freedom of Speech/Press
What was the holding in New York Times v. United States?
Censorship is prohibited unless the information would directly threaten American service members.
What clause is relevant in Wisconsin v. Yoder?
First Amendment Free Exercise Clause
What was the holding in Wisconsin v. Yoder?
The state cannot force the Amish into additional schooling if it violates their religious practices.
What clause is relevant in Shaw v. Reno?
14th Amendment Equal Protection
What was the holding in Shaw v. Reno?
Majority-minority districts are unconstitutional if drawn ONLY with reference to race.
What clause is relevant in US v. Lopez?
Commerce Clause
What was the holding in US v. Lopez?
Guns in schools have no rational relationship with interstate commerce, so the law is unconstitutional.
What clauses are relevant in McDonald v. Chicago?
2nd Amendment, 14th Amendment Due Process Clause
What was the holding in McDonald v. Chicago?
The 2nd Amendment right to bear arms for self-defense is a fundamental right applied to the states.
What clause is relevant in Citizens United v. Federal Election Commission?
1st Amendment Speech
What was the holding in Citizens United v. Federal Election Commission?
Corporations may spend unlimited money on electioneering communications because they have free speech rights.
What were the key features of the Articles of Confederation?
States strong, National Gov’t Weak; No national executive or judicial branches; National gov’t couldn’t tax; No national military
What is the central argument in Brutus No. 1?
Only a small republic can actually represent voters, so states should be given more power
What are the subjects of Articles I, II, and III of the Constitution?
Article I - Congress/Legislative Branch; Article II - Executive Branch; Article III - Judicial Branch
What are key features of the Bill of Rights?
Balance liberty and order; 9th Amendment - rights not listed may still be protected; 10th Amendment - rights not given to national government are reserved for states
What are key features of the Declaration of Independence?
Declared American independence from Britain; Based on John Locke’s ideas of unalienable rights and the social contract
What is the central argument of Federalist No. 10?
Only large republics can avoid being taken over by a single faction
What is the topic of Federalist No. 51?
Advocated for our system of separation of powers and checks and balances
What is the central argument of Federalist No. 70?
We must have a unitary executive (only one president) so that blame and credit for failures and successes can be easily assigned
What are key components from Federalist No. 78?
Judicial Review; Life Tenure
What is the topic of Letter From a Birmingham Jail?
Addresses how to deal with unjust laws in a democratic system
What is the topic of Article I of the Constitution?
Legislative Branch
What is the topic of Article II of the Constitution?
Executive Branch
What is the topic of Article III of the Constitution?
Judicial Branch
What does the Commerce Clause state?
Congress can pass laws regulating interstate commerce or foreign commerce
What does the Necessary and Proper (Elastic) Clause state?
Congress can pass laws that are necessary and proper for carrying out its other duties/enumerated powers
What does the Supremacy Clause state?
Federal laws are supreme over state laws when the federal government is acting within its constitutional authority
What does the Establishment Clause state?
The government may not support one religion over another or push religion on its citizens
What does the Free Exercise Clause state?
The government may not interfere with people's religious belief, and may not restrict religious actions without a very good reason
What does the 5th Amendment Due Process Clause protect?
Protects fundamental rights and applies to the national government.
What does the 14th Amendment Due Process Clause protect?
Protects fundamental rights and applies to the states. Incorporates most of the Bill of Rights and applies those rights to the states.
What does the Equal Protection Clause state?
Prohibits the government from treating people differently based on race, ethnicity, or sex/gender.
What is protected by the 1st Amendment?
The five freedoms: Religion, Assembly, Press, Petition, Speech
What is protected by the 2nd Amendment?
The right to bear arms
What is protected by the 4th Amendment?
Protection against unreasonable searches and seizures
What is protected by the 5th Amendment?
Due process, double jeopardy, and no self-incrimination
What is protected by the 6th Amendment?
Right to an attorney, trial by jury, and to be told the charges against you
What is protected by the 8th Amendment?
No cruel or unusual punishments
What is protected by the 9th Amendment?
There are rights not listed in the constitution
What is protected by the 10th Amendment?
All powers not given to the federal government are reserved to the states
What did the 13th Amendment do?
Outlaws slavery
What is protected by the 14th Amendment?
Due Process and Equal Protection
What did the 15th Amendment do?
Government cannot deny you the right to vote based on race
What did the 17th Amendment do?
Direct election of senators
What did the 19th Amendment do?
Gave women the right to vote
What did the 22nd Amendment do?
Created term limits for the presidency
What did the 24th Amendment do?
Made it easier to vote by eliminated poll taxes
What did the 26th Amendment do?
Lowered the voting age to 18
What is the definition of 'Consent of the Governed'?
The idea that a government gets its legitimacy from the consent of its citizens
What is the definition of 'Popular Sovereignty'?
The idea that a government’s power comes from the people
What are 'Natural Rights'?
Idea that we are born with a particular set of rights
What are 'Unalienable Rights'?
Idea that we have certain rights which governments cannot take away
What is 'Limited Government'?
A form of government with limits on its power
What are 'Checks and Balances'?
Each branch of government can limit the powers of each other branch
What is 'Separation of Powers'?
Multiple branches of government each have their own separate set of powers
What is the 'Social Contract'?
Societies are run according to agreements about the rights of the government and its citizens
What is 'Federalism'?
Splitting power between multiples levels of government
What is 'Democracy'?
Rule by the people
What is a 'Representative Democracy/Republic'?
Citizens elect officials who then make government decisions
What is 'Direct Democracy'?
Citizens directly participate in government decisions
What is a 'Faction'?
A political group sharing a common interest or interests
What was the '3/5 Compromise'?
Only ⅗ of slaves will be counted in state population counts for the purposes of representation and taxation
What did the New Jersey Plan propose?
A unicameral legislature where each state gets one vote
What did the Virginia Plan propose?
A bicameral legislature where each state gets a number of representatives proportional to its population
What did the Great Compromise propose?
A bicameral legislature: Senate - 2 senators per state, House - representation proportional to population
What are the two options to propose and amendment?
2/3 vote of each side of Congress OR Proposed by a National Convention called by ⅔ of the states
What are the two options to ratify and amendment?
Passage by ¾ of the states OR Ratified by conventions in ¾ of the states
Who were the 'Federalists'?
Supporters of the Constitution who argued in favor of ratification
Who were the 'Anti-Federalists'?
Opposition to ratification of the Constitution–wanted a Bill of Rights
What is 'Participatory Democracy'?
Individual citizens are the primary actors in a democracy
What is 'Pluralist Democracy'?
Groups hold the power in a democracy
What is 'Elite Democracy'?
A small wealthy elite holds the real power in a democracy
What are 'Enumerated Powers'?
Powers of the federal government that are specifically listed in the Constitution
What are 'Implied Powers'?
Powers of the federal government that are implied through the Necessary and Proper clause
What are 'Reserved Powers'?
Powers that are held only by the states
What are 'Concurrent Powers'?
Powers shared between the federal and state governments
What is an 'Unfunded Mandate'?
Federal government makes rules for states to follow, but doesn’t provide any money
What is a 'Categorical Grant'?
Federal money provided to state for a specific purpose with lots of rules and regulations attached
What is a 'Block Grant'?
Federal money given to states for a specific purpose, but with lots of freedom over how the states can use it
What is 'Revenue Sharing'?
Federal government provides money to the states with no conditions or rules attached
What are the effects of having a federalist system?
States can try out different policies and other states can watch and see how it works out. States can make policies that are specific to their specific circumstances. State governments give citizens and interest groups multiple access points for trying to influence government policy
Article I corresponds with which branch?
Legislative
Article II corresponds with which branch?
Executive
Article III corresponds with which branch?
Judicial
The legislative branch includes what house?
House of Representatives.