All Units Review AP/DC Government

Declaration of Independence

We Hold These Truths... Justified separating from England influenced by Natural Rights theory from John Locke. Written by Thomas Jefferson

State of Nature

Life without government

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

Limited Government

The idea that restrictions should be placed on government to protect the natural rights of citizens.

Federalist 10

Warned against the mischief of factions and attempted to solve the issue with a Big Republic. A country with a large central government and many factions, and representatives to filter the wills of the masses to protect minority interests.

Brutus 1

Argued that a large national government would not work due to the size of the United States. The government would be too detached from the people and would threaten civil liberty.

Republic

A form of government in which the people select representatives to govern them

Direct Democracy

A form of government in which citizens rule directly and not through representatives

pluralist democracy

a theory of democracy that holds that citizen membership in groups is the key to political power

elite democracy

Limits citizen's role in government. Focuses on a small group making choices for the masses.

participatory democracy

a theory of democracy that holds that citizens should be involved in a representative's decisions.

Articles of Confederation

The first social contract of the United States which gave primary power to the state government.

Shay's Rebellion

A series of attacks on courthouses by a small band of farmers. This showed the weakness of the Articles of Confederation.

Federalist

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Anti-Federalists

These were people who opposed the Constitution and argued for a bill of rights to protect civil liberties. Eg: Brutus 1

Amendment Process

proposed by 2/3 vote of both houses of congress THEN ratified by 3/4 of the 50 state legislatures

Constitutional Grey Areas

Topics such as Education which were left open to interpretation on the exact role of the federal government.

Great Compromise

Created a bicameral Congress where states would have equal representation in one house of the legislature and representation based on population in the other

3/5 Compromise

For the purpose of the House of Representatives slaves were counted as 3/5 of a person

Electoral Compromise

in electing the president: voters vote for electors pledged to cast their ballots for particular party's candidates.

Compromise on the importation of slaves

Congress could not restrict the slave trade until 1808

Checks and Balances

each branch of government to limits the powers of the other branches in order to prevent abuse of power

Separation of Powers

division of powers among the legislative, executive, and judicial branches. Each has their own separate purposes.

Federalist 51

Argues that separation of powers within the national government is the best way to prevent tyranny.

Impeachment Process

The House of Representatives decides to impeach (accuse) Then the Senate holds a trial to convict and remove (2/3 majority).

Federalism

A system in which power is shared between the national and state governments

concurrent powers

Powers held jointly by the national and state governments.

exclusive powers

Those powers that can be exercised by the National Government alone

reserved powers

Powers not specifically granted to the federal government or denied to the states belong to the states

US v. Lopez

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

categorical grants

Federal grants for specific purposes, such as building an airport

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

Mandates (funded and unfunded)

terms set by the national government that states must meet whether or not they accept federal grants

Necessary and Proper Clause (Elastic Clause)

gives Congress the power to do whatever it finds necessary to accomplish its enumerated powers

Supremacy Clause

The Federal constitution is the supreme law of the land. States cannot override federal power

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Commerce Clause

Clause stating that Congress can regulate interstate and international commerce.

10th 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.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed natural rights and equal protection of the laws

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Privileges and Immunities Clause

prevents a state from treating citizens of other states in a discriminatory manner.

Advantages of Federalism

Provides multiple access points for people to influence government

Confederation

an alliance of independent states

Unitary Government

all government powers belong to a single, central agency.

Tyranny

Cruel and oppressive government or rule

Tyranny of the majority

the tendency in democracies to allow majority rule to neglect the rights and liberties of minorities

John Locke

Philosopher: government powers are derived from the consent of the governed and its purpose it to protect life, liberty, and property.

Social Contract Theory

A voluntary agreement between the government and the governed.

Popular Sovereignty

A belief that ultimate power resides in the people.

Factions

Political groups that agree on objectives and policies who would ignore the rights of others to accomplish their goals.

The Bill of Rights

The first 10 Amendments to the Constitution, to protect individual liberties and win over enough states to officially ratify.

The Preamble

We The People.... (the introduction to The Constitution) has no legal power.

enumerated powers

The powers explicitly given to Congress in the Constitution.

implied powers

Powers not specifically mentioned in the constitution

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Engel v. Vitale

banned formal prayer in schools, goverment whould not make any religion the 'official' religion.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - right to freedom of religion

Unprotected Speech

defamation, obscenity, and fighting words, which are not entitled to constitutional protection in all circumstances

Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

Schenk v. United States (1919)

There are limits to free speech given the context of war. Created the "Clear and Present Danger" test to limit speech.

clear and present danger test

test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society. Yelling "Fire" in a crowded theater.

New York Times v. US

Overruled Nixon's attempt to prevent publication of Vietnam documents. The press should be free to publish the news whatever the source without prior restraints.

prior restraint

government censorship of information before it is published or broadcast

Libel

written defamation

Slander

spoken defamation

Civil Liberties

protections against government

civil rights

the rights of full citizenship and equality under the law

selective incorporation

The process by which provisions of the Bill of Rights are applied to state governments.

14th Amendment Due Process Clause

No state shall deprive any person of life, liberty, or property without due process of law. Important for Selective Incorporation

DC v. Heller

Court ruled that a DC law banning hand guns was unconstitutional

McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states

4th Amendment

Freedom from unreasonable searches and seizures

Warrants

written orders authorizing a person to make an arrest, a seizure, or a search

exclusionary rule

illegaly gathered evidence may not be introduced in a criminal trial

Probable Cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion

8th Amendment

No cruel or unusual punishment

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government

Brown v. Board of Education

court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place

Letter from Birmingham Jail

Letters written by MLK encouraging non-violent protest and direct action against unjust laws, such as segregation.

Affirmative Action

A policy designed to redress past discrimination against minority groups through measures to improve their economic and educational opportunities

Title IX

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of any education program or activity receiving Federal financial assistance

Texas vs. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Frederick v. Morse (2007)

Schools can take action to limit speech regarding drug use.

capital punishment

The death penalty

indicted

formally charged with a crime. What a grand jury does.

acquited

found not guilty

convicted

found guilty of a crime

double jeopardy

Being tried twice for the same crime

Hernandez v. Texas

extended protection against discrimination to Hispanics.

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act of 1965

literacy tests, poll taxes, and grandfather clauses could no longer be used to keep people from voting.

24th Amendment

Abolishes poll taxes (pay money to vote)

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

The 1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

de jure segregation

segregation by law