Required Foundational Documents for AP Gov Exam

Federalist No. 10

warns of the danger of factions (groups united by a particular interest, could be majority or minority).

argues that no plan for government can eliminate the danger perfectly, but that the federal system in the U.S. Constitution could control factions; rather than a national participatory system, they had created a representative and pluralist republic which would have to consider the interests of varied people across a wide geographical area, thus limiting the possibility that one faction could take complete control.

Federalist No. 51

addresses the separation of powers in the new U.S. Constitution, arguing that they will guard against tyranny.

also argues that the diversity of interests in American society is the best protection of minority rights because it would be difficult for one group to always have power.

Federalist No. 70

defends the decision to create a single executive (president) in the U.S. Constitution.

argues that the failures of the Articles of Confederation show that an executive is necessary, and a single person would be better than a council because there is the potential for conflict and in-fighting in a council, and there is more accountability (if one person is responsible for the decision, we know who to blame).

Federalist No. 78

addresses the judicial branch created in the new U.S. Constitution.

anti-federalists had critiqued the independence of the judiciary (they are not elected by the people and they serve life terms), arguing that it would cause these men to take advantage of their power with no checks against them.

Fed. No. 78 responds that the judiciary is the least powerful branch because they have "neither sword, nor purse" and that independence is critical because they may need to make unpopular decisions when interpreting the Constitution.

Brutus 1

commentary on the dangers of too large and too consolidated a government (attempt to dissuade readers from supporting the new U.S. Constitution).

argues that the necessary and proper clause and the supremacy clause give the government unlimited power, risking personal liberty.

argues that the new federal government would be too far removed from the people.

Declaration of Independence

drew on the ideas of John Locke and other Enlightenment philosophers.

used ideas of popular sovereignty, natural rights, republicanism, and social contract to justify the colonists' separation from Great Britain.

The Articles of Confederation

first government of the United States; created a weak central government loosely tying together independent states. for this reason, it failed as a governing structure and American leaders wrote the U.S. Constitution to create a stronger central government.

The Constitution of the United States

drafted in response to the failures of the Articles of Confederation in 1787, ratified in 1789; the second (and current) government of the United States.

separates the power of government into three branches and provides checks and balances between the branches.

establishes the supremacy of the federal government over the states and the relationship of the states to each other.

allows for an amendment process.

required ratification by three-fourths of the states.

Preamble to the U.S. Constitution

introduction to the U.S. Constitution; provides the reasons for the creation of the new government.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Article I of the U.S. Constitution

defines the basic setup and operation of Congress (legislative branch).

Great Compromise: bicameral legislature with House (based on population) and Senate (two per state).

enumerates certain powers of Congress, including the necessary and proper clause; also lists powers that Congress and states do NOT have

Article II of the U.S. Constitution

defines the basic setup and operation of the executive branch. lists the powers of the president. provides for the impeachment of public officials.

Article III of the U.S. Constitution

defines the basic operation of the judiciary branch. establishes a Supreme Court and defines its jurisdiction. gives Congress the authority to establish federal courts.

Article IV of the U.S. Constitution

defines the relationship of the states to each other; includes the full faith and credit clause that encourages states to respect each other's laws, the privileges and immunities clause that prohibits discrimination against citizens of other states.

Article V of the Constitution

defines the process of amending the Constitution; amendments can be proposed by a 2/3 vote of both houses of Congress or from 2/3 of the states; proposed amendments need to be ratified by 3/4 of the states.

Article VI of the Constitution

includes the supremacy clause, which establishes the Constitution and federal laws/treaties as supreme over the states

Article VII of the Constitution

defines the ratification process; the Constitution would go into effect when the ninth state ratified it

necessary and proper clause

Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its enumerated powers

interstate commerce clause

The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

supremacy clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Bill of Rights

First ten amendments to the Constitution; major source of civil liberties; applies to states via selective incorporation doctrine; promised to Anti-Federalists to secure ratification of Constitution

First Amendment

5 freedoms (RAPPS): religion, assembly, petition, press, speech

Second Amendment

Right to bear arms

Third Amendment

No quartering of soldiers

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. Also includes eminent domain.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Seventh Amendment

Right to a trial by jury in certain civil cases

Eighth Amendment

No cruel or unusual punishment, no excessive bail or fines

Ninth Amendment

People's rights are not limited to those listed in the Constitution

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Thirteenth Amendment

abolished slavery (except as punishment for a crime)

Fourteenth Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.

Applied the due process clause to the states.

Included the equal protection clause.

Fifteenth Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

Seventeenth Amendment

Direct election of US senators

Nineteenth Amendment

granted women the right to vote in 1920

Twenty-second Amendment

Limits the president to two terms in office

Twenty-fourth Amendment

Prohibits poll tax in federal elections

Twenty-sixth Amendment

lowered the voting age to 18

Fourteenth Amendment due process clause

No state shall deprive any person of life, liberty, or property without due process of law

Fourteenth Amendment equal protection clause

No State shall ... deny to any person within its jurisdiction the equal protection of the laws

"Letter from a Birmingham Jail"

Written by Martin Luther King in 1963 and he argued that citizens have a right to disobey unjust laws or civil disobedience; argued that white moderates would never advocate for civil rights without the pressure of non-violent demonstrations