AP US Gov't

Natural rights

life, liberty, property

social contract

ppl consent to be governed

general will

gov should reflect collective desires

Articles of Confederation

• no power to levy taxes

• no power to enforce law/ standing army

• each state had ONE vote

• unanimous consent to amend

Shay’s Rebellion

farmers unable to pay debts, took up arms. national gov powerless to respond

Great Compromise

Virginia Plan (proportional) vs NJ Plan (equal)

→ House proportional and Senate equal (2 per)

Three-Fifths Compromise

3/5 of enslaved population counted for representation and taxation

Electoral College

Electors chosen by states

Federalist

• strong central gov

• large republic

• checks and balance

• single executive

Anti-Federalist

• weak gov

• no bills of rights

• no large republic

• no standing army

Fed No.10

Factions are inevitable, only a large republic with representative democracy can control them

Fed No.51

separation of power, checks and balances, bicameralism federalism are necessary

Fed No.70

A single executive is necessary

Fed No.78

Federal courts are the least dangerous branch

Brutus No.1

a large republic cannot represent the people, government will be too strong

Legislative (Art.I)

Congress makes laws, declares war, control spending

Executive (Art.II)

President execute laws, commands military, appoint officers

Judicial (Art II)

Courts interpret laws, implied judicial review

President vetoes → congress overrides

2/3 both chambers

President nominates judges

Senate confirms

Congress declares war

President commands military

Congress can impeach

President and judges

Necessary and Proper Clause

“all laws necessary and proper” to carry out enumerated powers

Categorical grants

for specific purpose; many conditions; most federal grants; Congress controls policy details

Block grants

broader purpose; fewer strings; more state discretion

Formula grants

distributed by formula (population, poverty rate)

Project grants

competitive application process

Funded mandates

federal money accompanies the requirement

Unfunded mandates

states must comply but fund it themselves

Preemption (Supermacy Clause)

federal law overrides state law in same area

Condition of aid

“use it or lose it”

McCulloch v. Maryland

Congress has implied power to create a national bank. Maryland cannot tax the federal bank

Gibbons v. Ogden

Congress has broad power to regulate interstate commerce. State cannot grant monopolies over interstate commerce.

US v. Lopez

Gun-Free School Zones Act struck down. Carrying a gun in a school zone is NOT interstate commerce.

Ratifying Amendments

• ¾ of state legislature

• ¾ of state ratifying conventions

House

• members apportioned by population

• term: 2 yrs

• power: originate revenue bills, initiate impeachment

• strict limits on debate

Senate

• member 2 per state

• term: 6 yrs

• confirm appointment and treaties & try impeachment

• unlimited debate (filibuster); 60 votes to end debate (cloture)

Standing committees

permanent, most important

select committees

temporary, investigative purpose

joint committees

members from both chambers

conference committees

reconcile different House/Senate versions of a bill

executive orders

presidential directives with force of law, dont need congressional approval

executive agreement

international agreement not requiring Senate ratification

bully pulpit

appeal directly to citizens to pressure

Cabinet Department

Headed by Secretaries appointed by President; broadest scope

Independent Agencies

outside cabinet structure; handle specialized tasks

Independent Regulatory Commissions

Multi-member boards; cannot be removed by President at once

Gov corporation

business-like operations, mix of public mandate and commercial activity

Certiorari petition

“Rule of Four” (4 justices must vote to grant cert)

conference

justices vote; chief justice assigns majority opinion if in majority

Marbury v. Madison

Judicial review (the power of courts to strike laws as unconstitutional)

Baker v. Carr

Malapportioned (unequal) legislative districts are justiciable, “one person, one vote”

Shaw v. Reno

Race cannot be the predominant factor in drawing congressional districts

Engel v. Vitale

School-sponsored prayer in public school violates the Establishment Clause

Establishment Clause

no state religion

Free Exercise Clause

practice religion freely

selective incorporation

the supreme court has applied most bill of rights protections to state gov

Gitlow v. NY

Free speech

Near v. Minnesota

Freedom of press

Mapp v. Ohio

Exclusionary rule; against unreasonable search

Robinson v. California

unusual punishment

Miranda v. Arizona

rights during interrogation

McDonald v. Chicago

rights to bear arms

Lemon Test

law must

• have a secular purpose

• neither advance nor inhibit religion

• avoid excessive gov entanglement with religion

Free speech protected

• political speech

• symbolic speech (flag burning)

• commercial speech

• unpopular speech

• anonymous speech

• campaign

Free Speech not protect

• obscenity

• fighting words

• true threats

• incitement to imminent lawless action

• child pron

• defamation

Schenck v. US

Clear and present danger test: speech can be restricted if it creates a clear and present danger of a serious harm

Tinker v. Des Moines

Students wearing black armbands to protest Vietnam War = protected symbolic speech. Schools cannot suppress student speech unless it causes substantial disruption to education.

NY Times Co. v UC

Government cannot impose prior restraint except in cases of direct and immediate national security threat

NY Times v. Sullivan

Public figures must prove actual malice (knowledge of falsity) to win a defamation suit

14 Amendments

• citizenship clause

• due process cause

• Equal protection clause

Citizenship Clause

all persons born or naturalized in the US are citizens

Due Process Clause

states cannot deprive persons of life, liberty, property without due process; vehicle for incorporation

equal protection clause

states must extend equal protection of the laws to all persons; foundation of civil rights jurisprudence

Rational Basis (judicial scrutiny)

law is rationally related to a legitimate government interest

Intermediate Scurtiny

Law is substantially related to an important government interest

• triggered by gender, sex

Strict Scrutiny

Law is necessary to achieve a compelling government interest AND narrowly tailored

• Race, national origin, religion; fundamental rights

Plessy v. Ferguson

"Separate but equal" doctrine upheld racial segregation on railroads

Brown v. Board of Education I & II

Segregation in public schools is inherently unequal

Civil Rights Act of 1964

prohibiting racial discrimination in public accommodations

Regents of University of California v. Bakke

Racial quotas in university admissions = unconstitutional. BUT race can be considered as one factor among many in admissions.

Obergefell v. Hodges

Same-sex marriage is a fundamental right protected by 14th Amendment due process and equal protection

political socialization

The lifelong process by which individuals develop political values, beliefs, and orientations through various socializing agents.

Margin of error

statistical range within which true population value likely falls; ±3% is typical

confidence interval

usually 95% — poll results would match population 95 times out of 100

tracking polls

conducted repeatedly over time to measure changes in opinion. to track candidate support

exit polls

survey voters as they leave polling places. project election

benchmark group (polls)

to assess public views. on attitude and data

agenda-setting

media determines which issues the public considers important; doesn't tell people what to think, but what to think about

framing

the way an issue is presented shapes interpretation

priming

issues media covers most become the standards by which citizens evaluate leaders

15th Amendment

cannot deny vote based on race

19th amendment

women suffrage

Smith v. Allwright

white-only democratic primary elections unconstitutional

24th amendment

poll tax banned in federal elections

voting rights act

banned discriminatory voting practices

26th amendment

lowered voting age to 18

Motor Voter Act

lowed voter registration at DMV, public assistance offices, by mail.

increase turnout

• old

• higher education

• strong party identification

• competitive elections