AP Gov Exam Prep

Brutus No. 1

the author argues against the proposed U.S. Constitution, fearing a large republic would lead to a tyrannical central government, diminishing states' rights and individual liberties

The Federalist No. 10

the author argues that factions are inevitable and can be controlled by establishing a large republic with a representative government. He believes this setup would prevent any single faction from dominating and infringing on minority rights

The Federalist No. 51

the author argues that the U.S. Constitution's structure, with its separation of powers and checks and balances, is crucial for preventing tyranny and protecting individual liberties by harnessing the ambition of one branch to counter the ambition of another

The Federalist No. 70

the author argues for a strong, unitary executive (a single president) rather than a plural executive (a council) to ensure effective and decisive government, emphasizing the need for "energy" in the executive branch for national security, law enforcement, and overall stability

The Federalist No. 78

the author argues for the importance of an independent judiciary and the power of judicial review, emphasizing that the judiciary, as the "least dangerous" branch, should have the authority to declare laws unconstitutional, thus acting as a safeguard against legislative overreach

Marbury v. Madison

established the principle of judicial review

Schenck v. US

freedom of speech and freedom of the press under the First Amendment could be limited only if the words in the circumstances created "a clear and present danger"

Engel v. Vitale

the Supreme Court ruled that mandatory, school-sponsored prayer, even if non-denominational, violated the Establishment Clause of the First Amendment, prohibiting government endorsement of religion

Tinker v. Des Moines

the Supreme Court ruled that students' First Amendment rights to freedom of speech extend to public schools, but only as long as their expression doesn't disrupt the educational environment

Reno v. Shaw

the Supreme Court ruled that while race can be considered in redistricting, it cannot be the predominant factor, and districts drawn solely based on race violate the Equal Protection Clause, requiring strict scrutiny

US v. Lopez

the Supreme Court ruled that the Gun-Free School Zones Act of 1990 exceeded Congress's power under the Commerce Clause, as possessing a gun in a local school zone was not an economic activity that substantially affected interstate commerce (commerce clause didn’t justify gov overreach against 2nd Amend)

Baker v. Carr

ruled that federal courts could hear cases alleging that a state's legislative apportionment violated the Equal Protection Clause of the Fourteenth Amendment, established the principle that legislative districts must be drawn so that each person's vote has equal weight

McCulloch v. Maryland

the Supreme Court affirmed Congress's power to create a national bank (Bank of the United States) and ruled that states cannot tax federal institutions, reinforcing the supremacy of federal law

Citizens United v. FEC

landmark decision of the United States Supreme Court regarding campaign finance laws, in which the Court found that laws restricting the political spending of corporations and unions are inconsistent with the Free Speech Clause of the First Amendment

McDonald v. Chicago

ruled that the Second Amendment right to keep and bear arms, as established in District of Columbia v. Heller, is applicable to state and local governments through the Fourteenth Amendment's Due Process Clause

Wisconsin v. Yoder

ruled that Wisconsin's compulsory education law, requiring attendance until age 16, violated the First Amendment's Free Exercise Clause as applied to the Old Order Amish, whose religious beliefs conflicted with mandatory secondary education (freedom of religion trumps desire for education)

New York Times Co. v. US (“Pentagon Papers” case)

The case established a strong precedent for the protection of a free press, emphasizing that the government cannot routinely censor publications based on vague claims of national security (gov needs to meet “heavy presumption against” prior restraint principle)

Gideon v. Wainwright

ruled that the Sixth Amendment's right to counsel, which previously only applied to federal cases, also applies to state court proceedings, ensuring that all defendants, regardless of their ability to pay, have the right to legal representation

Virginia Plan

advocated for a strong national government with three branches (legislative, executive, and judicial) and a bicameral legislature where representation would be based on state population, favoring larger states (House of Reps)

New Jersey Plan

advocating for a unicameral legislature with equal representation for each state, regardless of population, to ensure smaller states had a voice equal to larger ones (Senate)

Connecticut Compromise

resolved the debate over representation in the new federal legislature by establishing a bicameral Congress with proportional representation in the House of Representatives and equal representation in the Senate

1st Amendment

guarantees fundamental freedoms including religious freedom, freedom of speech, freedom of the press, the right to assemble, and the right to petition the government

2nd Amendment

right to bear arms

3rd Amendment

prohibits the government from forcing citizens to house soldiers in their homes, either in peacetime or during wartime, unless authorized by law

4th Amendment

protects individuals from unreasonable searches and seizures by the government

5th Amendment

protects individuals from self-incrimination, protects against double jeopardy, and requires due process of law before someone can be deprived of life, liberty, or property

6th Amendment

guarantees speedy and public trial, the right to be informed of the charges, the right to confront witnesses, the right to compel witnesses, and the right to legal representation

7th Amendment

guarantees the right to a jury trial in federal civil cases where the value in controversy exceeds $20

8th Amendment

prohibits excessive bail, excessive fines, and cruel and unusual punishments

9th Amendment

ensures that the rights listed in the Bill of Rights (first eight amendments) are not the only rights protected by the Constitution

10th Amendment

establishes the principle of federalism by stating that powers not specifically delegated to the federal government by the Constitution, nor prohibited to the states, are reserved to the states or to the people

13th Amendment

abolished slavery and involuntary servitude in the United States, with the exception of those convicted of a crime

14th Amendment

grants citizenship to all persons born or naturalized in the US, including formerly enslaved people, and guarantees all citizens "equal protection of the laws"

15th Amendment

prohibits the federal government and any state from denying or abridging a citizen's right to vote based on race, color, or previous condition of servitude

19th Amendment

prohibits the denial of voting rights based on sex

24th Amendment

abolished and forbids the federal and state governments from imposing taxes on voters during federal elections

26th Amendment

lowered the national voting age from 21 to 18

Commerce Clause

Congress can regulate trade between nations, between states, and among Indian tribes

Due Process Clause (5th Amendment)

The national government must observe fair procedures when it denies a person life, liberty, or property

Due Process Clause (14th Amendment)

State governments must observe fair procedures when they deny a person of life, liberty, or property

Elastic Clause

Congress can exercise powers not specifically stated in the Constitution if those powers are "necessary and proper" for carrying out its expressed powers that are specifically stated

Equal Protection Clause

States cannot unreasonably discriminate against individuals. They must treat people "equally"

Establishment Clause

Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state

Full Faith and Credit Clause

A state must recognize the validity of the public acts, records, and court decisions of other states. For example, a state must recognize as valid the birth certificate issued by another state.

Privileges and Immunities Clause

A state cannot unreasonably discriminate against citizens of other states.

Reserved Power Clause

Any power that is not granted to the national government, or denied to the states, automatically reverts to the states.

Supremacy Clause

Federal law is supreme over state law.