AP Gov Unit 1

Elastic Clause

Found in Article 1, Section 8, gives Congress the power to pass laws necessary and proper to carry out its enumerated powers.

Supremacy Clause

Article VI establishes that the Constitution, federal laws, and treaties are the supreme law of the land.

Commerce Clause

Article 1, Section 8, allows Congress to regulate interstate and international commerce.

Establishment Clause

Found in the First Amendment; prevents the government from establishing a national religion.

Full Faith and Credit Clause

Article IV, Section 1; states must recognize public acts, records, and judicial proceedings of other states.

Privileges and Immunities Clause

Article IV, Section 2; prevents states from discriminating against citizens of other states.

Equal Protection Clause

Found in the 14th Amendment; mandates equal protection under the law for all citizens.

Citizenship Clause

Found in the 14th Amendment; grants citizenship to all persons born or naturalized in the U.S.

Dual Federalism (Layer Cake)

Clear division between state and federal government responsibilities (1790s-1930s).

Cooperative Federalism (Marble Cake)

Overlapping responsibilities between state and federal governments (1930s-present).

Fiscal Federalism

The use of grants to influence state policies.

Devolution Revolution

A push to transfer more power back to the states, seen in the 1980s-1990s.

Positives of Federalism

Encourages local control, policy innovation, prevents tyranny.

Negatives of Federalism

Can create inconsistencies between states, complicate governance.

Cross-Cutting Requirements

Federal grants require adherence to policies (e.g., civil rights laws).

Crossover Sanctions

Federal funds are withheld unless states comply with certain mandates (e.g., drinking age laws tied to highway funds).

Pre-emption

Federal law overrides state laws in certain areas.

Block Grants

Federal funds given for broad purposes with fewer restrictions.

Categorical Grants

Federal funds for specific purposes (e.g., education, infrastructure).

Formula Grants

Distributed based on a formula (e.g., Medicaid funding)that determines eligibility and allocation based on specific criteria.

Unfunded Mandates

Federal requirements without funding (e.g., ADA, Clean Air Act).

McCulloch v. Maryland (1819)

Upheld federal supremacy and implied powers.This landmark Supreme Court case established that states cannot tax the federal government and confirmed the constitutionality of the Second Bank of the United States.

Gibbons v. Ogden (1824)

Strengthened the Commerce Clause.

Marbury v. Madison (1803)

Established Judicial Review

U.S. v. Lopez (1995)

Limited federal power under the Commerce Clause. This landmark Supreme Court case ruled that Congress had exceeded its authority under the Commerce Clause by attempting to regulate gun possession in school zones.

Heart of Atlanta Motel v. U.S. (1964)

Upheld Civil Rights Act via Commerce Clause.

10th Amendment vs. Article 1, Section 8

10th Amendment reserves powers to the states, Article 1, Section 8 lists federal powers.

Judicial Review

Power of the courts to declare laws unconstitutional.

Bills of Attainder & Ex Post Facto Laws

Prohibited under the Constitution to protect individual rights.

15th Amendment

Prohibits voting discrimination based on race.

19th Amendment

Grants women the right to vote.

24th Amendment

bans poll taxes in federal elections.

26th Amendment

Lowers voting age to 18.

17th Amendment

Established direct election of Senators.

Proposal

requires 2/3 vote in Congress or a national convention.

Ratification

Requires Approval from ¾ of state legislatures or conventions.

Selective Incorporation

Process by which bill of rights is applied to the states through the 14th Amendment.

Americans with Disabilities Act (ADA)

Prohibits discrimination based on disability.

Clean Air Act

Regulates air pollution.

Welfare Reform Act of 1996

Shifted Welfare programs to state control.