AP Gov Semester 1

Bill of Rights (1791)

Bill of Rights (1791)

First 10 amendments added to the Constitution written by James Madison

Civil liberties

Protections from the abuse of government power

Civil rights

Protections from discrimination based on race, gender, or other minorities

1st Amendment

Freedom of speech, freedom of the press, freedom to petition the government, freedom of assembly, freedom of religion

Schenck v. United States (1919)

A socialist handing out leaflets telling men not to enlist was arrested, ruled constitutional because his speech posed a “clear and present danger” to the US

Tinker v. Does Moines (1969)

John and Mary Beth Tinker wore black armbands at school to protest the Vietnam War, constitutional and minors and school were protected by the First Amendment under certain circumstances

Prior restraint

Crossing out parts of an article before it is published

New York Times v. United States (1971)

Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers; ruled constitutional because the government had not had the proof necessary to enact prior restraint

Letter from a Birmingham Jail

A letter written by Martin Luther King Jr. to African American religious leaders outlining key ideas about importance of nonviolent protest through peaceful assembly

Establishment clause

Constitution prevents government from establishing state religion

Engel v. Vitale (1962)

Families sued their children’s school district for forcing prayer in the classroom, ruled unconstitutional because it violated establishment clause

Wisconsin v. Yoder (1972)

Three Amish families were fined for taking their children out of school after the eighth grade; ruled constitutional (free exercise clause)

Free exercise clause

Free exercise of religion is allowed

2nd Amendment

Right to bear arms

McDonald v. Chicago (2010)

McDonald wanted to buy a gun for self-defense but couldn’t because of city restrictions on handgun registrations, ruled unconstitutional because states are not allowed to impede citizens’ rights to keep and bear arms; incorporation case

United States v. Lopez (1995)

Alfonso Lopez arrested for taking a gun to school, convicted for violating Gun-Free School Zones Act of 1990; ruled GFSZA unconstitutional because it was under the commerce clause, but didn’t relate to commerce

4th Amendment

Restricts government agencies in criminal/civil procedural investigations, protects a person’s belongings from “unreasonable searches and seizures”; policy must go before a judge to justify a search of private property

Search warrant

Issued by a judge, limits where police search and what they can take as evidence

Exclusionary rule

All evidence taken illegally by the police cannot be used as evidence Objective good faith exception: allows for convictions in cases where illegal search happened but under the assumption that it was legalInvevitable discovery rule: illegally seized evidence that eventually would have been found legally is admissible in court

5th Amendment

Guarantees grand jury when suspect is held for capital/infamous crime, prevents person from being repeatedly prosecuted for the same crime by prohibiting double jeopardy, establishes right of government to seize property for the public under auspices of eminent domain if seizure can be compensated, rights granted to the accused, federal government can’t deprive a person of “life, liberty, or property by any level unless due process of law is applied”

Gideon v. Wainwright (1963)

Earl Gideon was accused of breaking-and-entering, theft, and destruction of property but was not given an attorney, ruled unconstitutional because of violation of 6th amendment right to attorney

6th Amendment

Allows accused to be prosecuted by impartial jury (right to be informed of charges, confront witnesses, subpoena witnesses for defense, have a lawyer), forms basis for habeas corpus (protects against illegal imprisonment and ensures person can’t be held indefinitely without being charge or without a legal reason), right to a speedy trial

7th Amendment

Allows for trial by jury in common-law cases

8th Amendment

Bans excessive bails/fines and cruel or unusual punishment

9th Amendment

Rights not mentioned in the Constitution are still protected, implied right to privacy and other rights

13th Amendment

Made slavery illegal, prohibited indentured servitude

14th Amendment

Declared that all people born in the US were citizens and entitled to equal rights, protected by due process

15th Amendment

Banned laws that prevented African Americans from voting based on race/history of enslavement

24th Amendment

Outlawed poll taxes

Jim Crow laws

Segregationist laws passed as the federal government had less influence over the South

Equal Pay Act of 1963

Made it illegal to base pay on race/gender/religion/national origin

Voting Rights Act of 1965

Designed to counteract voting in the South; allowed federal government to step in any area using literacy tests or where <50% of the population was registered to vote to register voters

Brown v. Board of Education (1954)

Group of families from Kansas sued the city’s board of education for enforcing segregation; unanimous decision ruled that school segregation was unconstitutional

19th Amendment

Gave women the right to vote

Title IX, Higher Education Act (1972)

Prohibits gender discrimination by institutions of higher education that are government-funded, used to force increase funding of women-only programs

26th Amendment

Allowed 18-year-olds to vote

Americans with Disabilities Act of 1990

Requires businesses with >24 employees to make their offices accessible to disabled, requires wheelchair-accessible public transportation, new offices, hotels, and restaurants and development of wider telephone services for the hearing-impaired

Social contract

Some freedoms sacrificed (respecting government) in exchange for government protection

Natural rights

Described by John Locke; life, liberty, and property; must be protected by the government

republicanism

Supports individualism and natural rights, popular sovereignty, encourages civic participation

Representative democracy

Elected officials representing a group of people

Popular sovereignty

The idea that government power derives from the consent of the governed

Participatory democracy

Broad participation in politics/society by people at various statuses

Pluralist democracy

Group-based activism by citizens with common interests who seek the same goals

Elite democracy

Power to the educated/wealthy, discourages participation by the majority of people

The Declaration of Independence (1776)

A formal declaration of war between America and Great Britain written by Thomas Jefferson, including a list of grievances

Articles of Confederation (1777)

Outlined the first US government, predecessor to the Constitution

Federalism

The way in which federal and state/regional governments interact and share power

Weaknesses of the Articles of Confederation

Could not impose taxesNo national militaryNo national currencyNo Supreme CourtNo executive branchNo control over taxes imposed between states and could not control interstate tradeNeeded unanimous votes to amend it and 9 states to approve legislation before it was passed

Unicameral legislature

Legislature with one house

Bicameral legislature

Legislature with two houses

Virginia Plan

Bicameral legislature based on population size; supported by larger states

New Jersey Plan

Unicameral legislature with one vote per state; supported by smaller states

The Great Compromise (Connecticut Compromise)

Created a bicameral legislature with a House of Representatives (based on population) and Senate (equal representation)

Three-Fifths Compromise

Enslaved people would be counted as 3/5 of a person when deciding seats in the House of Representatives

Federalists

Supporters of the Constitution; advocated for a strong central government

Anti-Federalists

Opponents of the Constitution; preferred smaller state governments

The Federalist Papers

Written by Alexander Hamilton, James Madison, and John Jay; a collection of articles supporting the Constitution

The Bill of Rights (1791)

Written by James Madison and supported by Anti-Federalists; the first 10 amendments of the Constitution which protects the rights of citizens from the government

Electoral College

Composed of elected officials from each state based on population (each given 2 votes + 1 vote per member of House of Representatives) with a total of 538 electors

Brutus No. 1

Argued that the national government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people

Federalist No. 10 (Madison)

Addresses dangers of factions + how to protect minority interest groups in a nation ruled by majority, argues that a large republic keeps any single faction from taking control

Federalist No. 51 (Madison)

Argued that separation of powers would make the government efficient, dividing responsibilities and tasks

Article I

Described the legislative branch

Article II

Described the executive branch

Article III

Described the judicial branch

Marbury v. Madison (1803)

Supreme Court increased its own power by giving itself the power to overturn laws passed by legislature (judicial review)

Judicial review

The power of the Supreme Court to overturn laws passed by legislature which are unconstitutional

Necessary and proper clause (Article I, Section 8)

Aka the elastic clause; allows Congress to make any legislation that seems “necessary and proper” to carry through its powers

Supremacy clause

Supremacy of Constitution and federal laws over state laws

McCulloch v. Maryland (1819)

Court ruled that states could not tax national bank because of the supremacy clause (issues between state and federal laws should be ruled in favor of federal) and necessary and proper clause (banks were necessary to implement federal powers)

Delegated/enumerated powers

Powers that belong to the national government

Reserved powers

Powers that belong to the states

10th Amendment

Any power not given to the national government nor denied to the states in the Constitution belongs to the states

Concurrent powers

Powers shared by federal and state government

Federal government programs

Paid for by federal government through grants-in-aid, mostly administered by states

Categorical grants

Aid with strict rules from the federal government about how it should be used

Block grants

Aid that lets the state use the money how it wants

Separation of powers

Assigns different tasks to each branch of government Legislative makes lawsExecutive enforces lawsJudicial interprets laws

Checks and balances

Each branch checks the other; designed to prevent any branch of government from becoming dominant, requires different branches to work together and share power

Veto

The power of the president to reject laws

Amendment

The addition of a provision to the Constitution

Main amendment process

Proposed amendment approved by 2/3 of both houses 3/4 of state legislatures must ratify the amendment

Gibbons v. Ogden Precedent

Established federal supremacy in interstate commerce.

Miranda v. Arizona precedent

A landmark Supreme Court case that established the requirement for law enforcement to inform suspects of their rights to silence and legal counsel during interrogations.

Griswold v. Connecticut precedent

Established the right to privacy in marital relations, ruling that a Connecticut law banning contraceptives violated the right to privacy.

Roe v. Wade

A landmark Supreme Court decision that recognized a woman's constitutional right to have an abortion under the right to privacy, effectively legalizing abortion nationwide.

Gitlow v. New York

A Supreme Court case that established the precedent for the incorporation of the First Amendment's free speech protections to the states through the Fourteenth Amendment.

Plessy v. Ferguson

A landmark Supreme Court case that upheld the constitutionality of racial segregation under the "separate but equal" doctrine, allowing state-sponsored segregation.

Mapp v. Ohio

A Supreme Court case that ruled that evidence obtained in violation of the Fourth Amendment, which protects against unreasonable searches and seizures, cannot be used in state courts.

DC v. Heller

A landmark Supreme Court case that affirmed an individual's right to possess a firearm unconnected to militia service and to use it for traditionally lawful purposes, such as self-defense within the home.

California v. Bakke

A Supreme Court case that upheld affirmative action, allowing race to be one of several factors in college admission policies, while also ruling against racial quotas.

Gratz v. Bollinger

A Supreme Court case that struck down the University of Michigan's undergraduate affirmative action policy, ruling it unconstitutional for using a points system based on race.

commerce clause

A provision in the U.S. Constitution that grants Congress the power to regulate commerce among the states, and with foreign nations; how the federal power over the states has expanded

Affirmative Action

Policies that aim to increase opportunities for historically underrepresented groups, particularly in education and employment, by considering race or gender in decision-making processes.

de jure v. de facto

Refers to the distinction between legally recognized practices (de jure) and those that occur in reality (de facto), often used in discussions of segregation and discrimination.

Selective Incorporation

The legal doctrine that ensures that the Bill of Rights is applied to the states through the Fourteenth Amendment’s Due Process Clause, thereby protecting individual rights from state infringement.

Strict Scrutiny

The highest standard of judicial review used by courts to evaluate the constitutionality of laws that discriminate based on race or infringe on fundamental rights. Under strict scrutiny, the government must prove that the law serves a compelling interest and is narrowly tailored to achieve that interest.

Judicial Activism v. Judicial Restraint

• Judicial Activism: judges who believe societal goals should be accomplished through the courts and thus apply their own political philosophy while interpreting the constitution; loose constructionist

• Judicial Restraint: judges should not determine a new policy as a result of their decision, but rather, that congress should, and only strike down laws that are obviously unconstitutional; strict constructionist

loose constructionist v. strict constructionist

• loose constructionist: believe the constitution is a “living”, fluid open to interpretation by current generations; liberalism

• strict constructionist: believe that the constitution should be interpreted as literally and as narrowly as possible in order to limit the power of the government; change through amendments;conservatism