AP gov docs and court cases review

Declaration of Independence

Formal statement written by Thomas Jefferson declaring the freedom of the 13 colonies from Britain.

Articles of Confederation

The first written constitution of the United States. Terrible because there was no authority.

Fed 10

James Madison states that one of the strongest arguments in favor of the constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions.

Brutus No. 1

Brutus doesn’t want one republic. Determined this would essentially create a federal gov that will possess absolute and uncontrollable power.

Fed 51

Highlights the theory of checks and balances between the three branches.

Constitution of the United States

A document that embodies the fundamental laws, principles and structure of the U.S. government

Fed 70

Hamilton argued the need for an executive branch and the need for the president

Fed 78

Hamilton argued for judicial review

Letters from Birmingham jail

MLK letter talking about civil disobedience and freedom when there is injustice.

1 amendment

freedom of speech, press, religion, petition and assembly

2nd amendment

right to bear arms

4th amendment

protection against unreasonable searches and seizures

5th Amendment

due process, self-incrimination, double jeopardy

6th amendment

right to a fair and speedy trial

8th

no cruel or unusual punishment

10th

powers reserved to the stastes

14th

citizenship, equal protection, due process

15th

voting rights for African American men

19th amendment

women’s suffrage

22nd

two-term limit for presidents

24th amendment

eliminated poll taxes

26th amendment

lowered voting age to 18

Necessary and proper

article 1 section 8 clause that allows Congress to expand on their already delegated powers (create a national bank)

supremacy clause

aritlce 6 clause that declared the constitution supreme when the national governed possesses power (states cannot tax the national gov/national bank; national government policy preempts state policy when the national government has the power - marijuana policy.)

commerce clause

article 1 , section 8 clause that delegated the power to regulate interstate commerce to the national government only

reserved powers

10th amendment - powers not delegated to the national government or denied to states belong to the states

delegated powers

article 1, section 8 powers given to the national government (declare war, regulate interstate commerce, etc)

Due process (substantive)

5th Amendment (national) and 14th Amendment (States)

due process (procedural)

5th amendment (national) and 14th amendment (states) - government must follow a specific legal process before taking away the life, liberty or process of an accused person (Gideon)

Equal protection

14th amendment clause protecting the rights of all people to be equally protected b laws (civil rights, women’s rights,)

McDonald v Chicago

substantive due process/ right to bear arms (2,14) → Chicago placed limits on handgun possession to those who qualify based on a stringent process.

U.S. v Lopez

Commerce clause (article 1, section8) → congress passed gun-free school zones act- federal crime to possess gun in a school zone

McCulloch v maryland

necessary aand property (A1, S8) and Supremacy (A1, S8) - Maryland (pro-ststes rights) as anti-national bank. Maryland taxes the national bank.

Gideon v Wainwright

right to counsel/due process (6, 16) procedural due process → Gideon (poor thief) was denied an attorney under Florida law because it was not a death penalty case. Gideon was found guilty.

Tinker v Des Moines

Symbolic free speech (1, 14) school barred Vietnam protest armbands with penalty of suspension. 7 students refused to remove them based on symbolic speech.

NY times v U.S>

freedom of press (1) → Nixon tried to stop the NY times from printing the pentagon papers

Schenck v U.S>

freedom of speech (1) → Schenck (anti-WWI draft) mailed flyers to men - against the Espionage act

Wisconsin v Yoder

Free exercise clause (1, 14) → Wisconsin forced all students to attend school through at least the age of 26, whick violated Amish religion custom of only having edu through 8th grade.

Engel v Vitale

Establishment clause (1, 14) → NY school District had schools read statement through loud speaker about God.

Brown v Topeka

Equal protection clause (14) → Linda Brown was denied entry into public school bc of secgreation laws.

Citizens united v FEC

Freedom of speech (1) → C.U. created an anti-Clinton documentary. C.U challenged McCain-Feingold law that limited independent expenditures

Baker v Carr

Equal protection (14) → Tennessee apportioned their state general assembly districts without attention to population.

Shaw v Reno

Equal protection (14) → NC created 1 majority black-district. racial gerrymandering

Marbury v Madison

Judicial Review (Article III) → Madison did not deliver letter for the Adams appointment to federal judgeship.

article 1

establishment of legislative branch

article 2

establishment of executive