Ap GOV EXAM

1st Amendment

1st Amendment

Freedom of speech, press, assembly, and petition. Free exercise, Establishment clause

2nd Amendment

Right to bear arms, regulated militia

3rd Amendment

Quartering

4th Amendment

Protection from unreasonable search and seizures

5th Amendment

Guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. Due process: federal government

6th Amendment

Speedy public trial by an impartial jury, to be aware of the criminal charges, to confront witnesses during the trial, to have witnesses appear in the trial, and the right to legal representation

7th Amendment

Civil cases, or lawsuits based on disagreements between people or businesses, have a right to be decided by a jury in federal court

8th Amendment

Excessive bail, cruel and unusual punishment

9th Amendment

Protects individual rights that are not explicitly mentioned in the Constitution

10th Amendment

Federal Government only has powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.

13th Amendment

Abolished slavery

14th Amendment

Granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people. Due process - state

15th Amendment

Granted African men the right to vote

19th Amendment

Granted women the right to vote

24th Amendment

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

Marbury v. Madison (1803)

Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review

McCulloch v. Maryland (1819)

The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Expansion of federal power.

Schenck v. the United States (1919)

The Court ruled that 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."

Gideon v. Wainwright (1963)

Guaranteeing the right to legal counsel for criminal defendants in federal and state courts

Tinker v. Des Moines (1969)

Cemented students' rights to free speech in public schools and ruled that constitutional rights apply in schools

New York Times Co. v. United States (1971)

Expanded freedom of the press and limits on the government's power to interrupt that freedom.

Wisconsin v. Yoder (1972)

Children attending school past eighth grade violates the parents' constitutional right to direct the religious upbringing of their children.

Shaw v. Reno (1993)

Any redistricting plan that includes people in one district who are geographically disparate and share little in common with one another but their skin color, bears a strong resemblance to racial segregation.

United States v. Lopez (1995)

Gun possession is not an economic activity that has any impact on interstate commerce, whether direct or indirect, so the federal government cannot base a law prohibiting gun possession near schools on the Commerce Clause. States rights

McDonald v. Chicago (2010)

The Due Process Clause of the Fourteenth Amendment extends the Second Amendment's right to keep and bear arms to the states, at least for traditional, lawful purposes such as self-defense.

Engel v. Vitale (1962)

The state cannot hold prayers in public schools, even if it is not required and not tied to a particular religion.

Plessy v. Ferguson (1896)

Racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality.

Brown v. Board of Ed. (1954)

Segregation in schools is unconstitutional

Shelby County v. Holder (2013)

Ruled preclearance unconstitutional - Preclearance: prohibited certain states from implementing voting laws without first receiving confirmation from the government.

Citizens United v. Federal Election Commission (2010)

Freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations.

Civil Rights Act (1964)

Prohibits discrimination based on race, color, religion, or national origin

Voting Rights Act (1965)

Prohibits discrimination in voting rights including literacy tests, created preclearance requirement for southern states.

Freedom of Information Act (1967)

Gave the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government.

Title IX

Prohibits discrimination on the basis of sex in all federally funded educational activities

War Powers Resolution

Requires the president to inform Congress within 48 hours of committing military forces, if not authorized in 60 days troops must be withdrawn with an addition 30 days allowed for troops to make a safe withdrawal.

Federal Election Campaign Act

Created FEC

Americans With Disabilities Act

Prohibits workplace discrimination against disabled people and requires public facilities to have accommodations (unfunded mandate)

Bipartisan Campaign Reform Act BCRA

Places specific limits on contributions to candidates, parties, and PACs

Bully pulpit

The president appeals directly to the people to pressure congress to take action

Bureaucratic Discretion

Laws are written with vague language, gives the ability to decide how policies will be implemented

Necessary and Proper Clause

The Necessary and Proper Clause is an implied power that gives Congress the power to write laws beyond what is written in the Constitution.

Supremacy Clause

The Supremacy Clause makes clear that the Constitution, federal laws, federal regulations, and treaties take superiority over similar state laws. The clause allowed the Supreme Court to help establish a strong federal government.

Full Faith and Credit Clause

State courts respect the laws and judgments of courts from other states

Privileges and Immunities Clause

The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states

Commerce Clause

(1) regulating the use of interstate commerce channels, (2) regulating people and things in interstate commerce, known as "instrumentalities" of interstate commerce, and (3) regulating activities that substantially affect interstate commerce.

Brutus No. 1

A large republic like the United States could not work because of clashing opinions and lack of an ability to hold people in power responsible

Fed. 10

A republic protects against factions by preventing any single group from dominating

Fed. 51

Checks and balances, separation of powers prevents any branch from dominating the other

Fed. 70

A single executive is better than multiple presidents because it will be more efficient and have more accountability

Fed. 78

The judiciary branch must be independent from any other branch of government and requires the other branches to carry out its rulings

Letter from Birmingham Jail

It says that people have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come