AP GOV: FLASHCARD REVIEW CASES

Federalist 10

An essay written by James Madison in 1787, addressing the dangers of factions and advocating for a large republic to better control their effects on governance.

• A strong, united republic would be more effective than the individual states at controlling “factions”

• a large republic will help control factions because when more representatives are elected, there will be a greater number of opinions.

• It is far less likely that there will be one majority oppresing the rest of the people

Brutus I

An antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution.

• the immense power of the federal government requires the people to sacrifice their liberties

• a bill of rights was necessary to protect the people from the government

• Congress possesses far too much power such as taxation, standing army, taxes, elastic clause

• a free republic cannot exist in such a large territory as the United States.

• Judicial power will lead to tyranny

Declaration of Independence

A document written in 1776 that formally declared the American colonies' separation from British rule, asserting the colonies' rights to self-govern. It famously articulated principles of individual liberty and government by consent.

• all people created equal

• governments are created to protect these rights

• if government does not protect these rights, then the people have the duty to change/destroy

• imperfect government should not be destroyed, only ones that seek to subject the people to tyranny (destruction of natural rights)

Articles of Confederation

• Confederation of States with an extremely limited central government

• limitations placed upon the central government rended it ineffective at governing the growing American States

Constitution

Outline of the federal government's structure, powers, and limitations, establishing the framework for the United States government.

• three branches (legislative, executive, judicial)

• Separation of powers that can limit each other, checks and balances

• Constitution as supreme law

• The Constitution emerged from the debate about the weaknesses in the Articles of Confederation

  as a blueprint for limited government.

Bill of Rights & Amendments

• 1-8: Individual Rights

• 9: Rights not listed are not denied to the People

• 10: Powers not given to Federal government nor denied to the states are State Powers

• Amendments are an expansion of peoples rights such as: 13,14,15,17,19,22,24,26

Federalist 51

Proposes a government broken into three branches: judicial, executive, and legislative

• each branch should be self sufficient, but each should have some kind of power over the other in order to keep each other from taking over the government

• The legislative branch is split further into the House of Representatives and the Senate because its the most powerful branch.

• Members of the judicial branch must be chosen by the President with Senate approval because candidates must be qualified for that position

• This style of government also helps keep down the powers of each faction, a recurring theme from Federalist 10

Federalist 70

Argues that unity in the executive branch is a main ingredient for both energy and safety. Energy arises from the proceedings of a single person, characterized by “decision, activity, secrecy, and dispatch”, while safety arises from the unitary executives unconcealed accountability to the people.

• justifies executive strength by claiming that the slow-moving Congress, a body designed for deliberation, will be the balanced by quick and decisive executive

• maintains that governmental balance can only be achieved if each branch of government has enough autonomous power such that tyranny of one branch over the other cannot occur.

• Support can be defined as a presidential salary, which insulates government officials from corruption by attracting capable, honest men to office.

Letter from Birmingham Jail

King argues that he and his fellow demonstrations have a duty to fight for justice.

Segregation is used to debase one population (blacks) while uplifting another (whites), which makes it immoral in the eyes of God. Immoral laws are laws that are neither just nor fair. According to St. Augustine's logic, unjust laws aren't actually laws, so they don't have to be followed. King believes people are under a moral obligation to oppose segregation by refusing to abide by the so-called laws that govern the practice.

The 14th amendment equal protection clause as well as other constitutional provisons have often been used to support the advancement of equality.

Marbury V Madison

Established Judicial review, strengthened checks and balances.

Constitution Art III, Sec.2

1803

McCulloch V Maryland

• Established supremacy of the US Constitution and federal laws over state laws

• Constitution grants the Congress implied powers for implementing the Constitutions express powers.

• State action may not impede valid constitutional exercises of power by the federal government.

• Shifted power toward the federal government and away from the states.

Constitution, Article I, Necessary and Proper Clause

Schenk V United States

• Speech creating a "clear and present danger" is not protected by the First Amendment.

• Imposed limits on civil liberties

• 1st Amendment

• 1919

Brown V Board of Education

• Race-based school segregation violates the equal protection clause.

• Directly raised the question of enforcement (ie, who would enforce the ruling..state or national government, and what if they are in opposition?)

• Effort to make a unanimous decision, due to concern of a dissent becoming the foundation of resistance

• 14th Amendment (Equal Protection Clause)

Baker V Carr

• Declared gerrymandering to not be a political question, and thus the topic can be judicated in federal courts. Reformulated the Political Question Doctrine

• Created the 'one person, one vote' standard, wherein each district must be roughly equal in numbers

• Not a lot of unity here! Majority opinion, joined by three concurring

  opinions and two dissenting opinions

• 14th Amendment

Engel V Vitale

• School sponsorship of religious activities violates the establishment clause

• Shifted power toward the federal government and away from the states

• 1st Amendment (Establishment)

  • 1962

Gideon v Wainwright

• Guarenteed the right to an attorney for the poor and indigent

• The case helped to refine stare decicis

• Previously the government was given a lot of latitude

  in criminal procedings, and with this trial such

  latitude was disgarded in favor of a firm set of

  procedural guarentees.

• 6th amendment, 1963

Tinker v Des Moines ICSD

• Public school students have the right to wear black armbands in school to protest the Vietnam War

• Expanded Free Speech protections

• 1st amendment, 1969

New York Times v United States

• Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint"even in cases involving national security.

• 6 Concurring opinions 3 dissenting opinions

• 1st amendment, 1971

Wisconsin v Yoder

• Compelling Amish students to attend school (past grade 8) violates the free exercise clause

• Ruling is basis of law allowing for homeschooling programs

• 1st Amendment (Free Exercise), 1972

Roe v Wade

• Extended the right of privacy to a woman's decision to have an abortion.

• Addressed 'penumbra' of rights which support concept of Privacy.

• 14th amendment, 1973

Shaw v Reno

• Legislative redistricting must be conscious of race and ensure compliance with the Voting Rights Act of 1965

• Strenthened federal power over States.

• 14 Amendment, 1993

United States v Lopez

• Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime

• Addressed how far the Court can go in implementing judicial safeguards against federal encroachments on state sovereignity

• Constitution Art.1, Sec.8, Clau.3 (Commerce Clause), 1995

McDonald v Chicago

• The 2nd Amendment right to keep and bear arms for self-defense is applies to the states.

• Addressed nationalization

• 2nd Amendment 14th Amendment (Due Process), 2010

Citizens United v Fed. Election Comm.

• Political spending by corporations, associations, and labor unions is a form of protected speech under the 1st Amendment

• 1st Amendment (Speech), 2010

Constitutional Foundations and Underpinnings (Case Topic)

Marbury v Madison (1803)

McCullouch v Maryland (1819)

Gibbons v Ogden (1824)

United States v Lopez (1995)

United States v Morrison (2000)

Presidency (Case topic)

United States v Nixon (1974)

Clinton v New York City (1998)

Clinton v Jones (1997)

Civil Liberties (Case Topic)

Gideon V Wainwright

Engle v Vitale

Schenck v. United States (1919)

New York Times v US (1919)

Tinker v Des Moines Independent Community School District (1969)

Wisconsin v Yonder (1972)

McDonald v Chicago (2010)

Roe v Wade (1973)

Civil Rights (Case Topic)

Brown v Board of Education (1954)

California Regents v Bakke (1978)

Adarand Contractors v Pena (1995)

Baker v Carr (1962)

Reynolds v Simms (1964)

Wesberry v Sanders (1965)

Heart of Atlanta Motel v US (1964)

Elections and Campaign Finance

Buckley v Valeo (1976)

McConnell v FCC (2003)

Bush v Gore (2000)

Shaw v Reno (1993)

Citizens United v FCC (2010)