AP Gov Constitution

1st Amendment - Basic Freedoms

Protects speech, press, peaceful assembly, petition, and religion.

1st Amendment - Religion Clauses

Establishment Clause (no state religion) & Free Exercise Clause (practice religion freely).

2nd Amendment

Right of the people to keep and bear arms for self-defense.

3rd Amendment

Prohibits forced quartering of military troops in private homes during peacetime.

4th Amendment

Bans unreasonable searches/seizures; warrants require judicial approval based on probable cause.

5th Amendment

Requires grand jury indictment; bans double jeopardy & self-incrimination; guarantees due process & eminent domain just compensation.

6th Amendment

Guarantees speedy/public trial, impartial jury, notice of charges, witness confrontation, compulsory witness subpoenas, and right to counsel.

7th Amendment

Guarantees jury trial rights in federal civil lawsuits exceeding $20.

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments.

9th Amendment

Enumeration of specific rights does not deny other unenumerated rights retained by the people.

10th Amendment

Reserves powers not delegated to federal government nor denied to states strictly to states or people.

11th Amendment

Establishes state sovereign immunity against lawsuits from citizens of another state or nation.

12th Amendment

Requires Electoral College electors to cast separate ballots for President and Vice President.

13th Amendment

Abolishes slavery and involuntary servitude, except as criminal punishment following conviction.

14th Amendment

Grants citizenship; guarantees due process and equal protection under law against state infringement.

15th Amendment

Prohibits denying voting rights based on race, color, or previous condition of servitude.

16th Amendment

Grants Congress power to levy federal income tax without apportionment among states.

17th Amendment

Establishes direct popular election of U.S. Senators by state citizens.

18th Amendment

Liquor Prohibition

19th Amendment

Guarantees women's suffrage by banning voting discrimination based on sex.

20th Amendment

Sets presidential inauguration for Jan 20 and congressional start for Jan 3; shortens lame-duck period.

21st Amendment

Repeals 18th amendment (Prohibition)

22nd Amendment

Limits President to two elected terms or a maximum of 10 years in office.

23rd Amendment

Grants 3 presidential electoral votes to Washington, D.C.

24th Amendment

Bans poll taxes as a voting requirement in federal primary and general elections.

25th Amendment

Establishes presidential succession, vice presidential vacancy filling, and presidential disability procedures.

26th Amendment

Lowers legal voting age to 18 for all federal, state, and local elections.

27th Amendment

Delays congressional pay raises from taking effect until after next House election.

Federalist 10

Madison: A large representative republic controls effects of majority factions better than direct democracy.

Federalist 39

Madison: Hybrid system—federal in foundation/ratification and Senate; national in House and direct law enforcement.

Federalist 51

Madison: Separation of powers & checks ("ambition counters ambition") protect liberty in compound republic.

Brutus 1

Brutus No. 1 Anti-Federalist: Large consolidated republic with absolute taxation, standing armies, & Elastic/Supremacy clauses destroys state power.

Passing a regular bill

Simple majority vote in House and Senate.

Overriding a veto

Two-thirds supermajority vote in both House and Senate.

Ratifying treaties

Two-thirds supermajority vote in Senate for advice and consent.

Confirming presidential appointments

Simple majority vote in Senate to confirm judges, cabinet members, and ambassadors.

Proposing a constitutional amendment

2/3 both houses or national convention called by 2/3 states.

Impeaching federal officials

Simple majority vote in House of Representatives to formally charge.

Convicting in an impeachment trial

Two-thirds supermajority vote in Senate to convict and remove from office.

Executive check on Legislative

President vetoes passed congressional legislation.

Legislative check on Executive

Congress overrides veto (2/3 both houses); House impeaches & Senate convicts.

Judicial check on Legislative/Executive

Judicial review declares federal/state laws or executive actions unconstitutional.

Legislative check on Judicial

Senate confirms judicial nominees; Congress structures federal courts, sets jurisdiction, & proposes amendments.

Executive check on Judicial

President nominates all federal judges and Supreme Court justices.

Enumerated Powers

Explicit Article I, Sec. 8 powers: taxing/spending, coining money, declaring war, regulating interstate commerce.

Necessary and Proper Clause

Grant of implied powers to execute enumerated duties.

Supremacy Clause

Article VI: Constitution, federal statutes, and national treaties override conflicting state laws.

Thomas Hobbes & State of Nature

State of nature is "nasty, brutish, short"; social contract surrenders rights to absolute sovereign for order.

John Locke & Natural Rights

Natural rights (life, liberty, property); government authority requires consent of governed to protect rights.

Locke's Three Missing Elements

State of nature lacks established law, impartial judge, and executive enforcement power (resolved by 3 branches).

Full Faith and Credit Clause

States must recognize public acts, judicial proceedings, and court records of other states.

Articles of Confederation Weaknesses

Lacked direct taxing power, no executive/judiciary, required unanimous 13/13 vote for amendments.

Shays's Rebellion

Armed farmer revolt exposing federal military & financial powerlessness; catalyzed Constitutional Convention.

Great Compromise

Bicameral Congress: House (proportional representation by population) & Senate (equal 2 seats per state).

Three-Fifths Compromise

Counted 3/5 of enslaved population for House representation seats and direct federal tax obligations.

Writ of Habeas Corpus

Pre-Bill of Rights guarantee requiring detainee to be brought before judge to determine legality of detention.

No Bills of Attainder

Pre-Bill of Rights restriction banning laws that declare a person guilty without a court trial.

No Ex Post Facto Laws

Pre-Bill of Rights restriction banning retroactive criminal laws punishing acts legal when committed.

Narrow Definition of Treason

Article III limits treason to levying war or aiding enemies; requires 2 witnesses to same overt act or open-court confession.