American Politics Midterm 2 Study

First Amendment

Protects freedom of religion, speech, the press, assembly, and petition

Second Amendment

Protects the right of the people to keep and bear arms

Third Amendment

Prohibits the forced quartering of soldiers in private homes during peacetime or wartime without consent.

Fourth Amendment

Guards against unreasonable searches and seizures and requires warrants based on probable cause

Fifth Amendment

Outlines criminal proceedings, grand jury, protection against double jeopardy and self-incrimination, due process, and just compensation for eminent domain.

Sixth Amendment

Guarantees a speedy and public trial by an impartial jury, right to confront witnesses, and right to legal counsel in criminal prosecutions.

Seventh Amendment

Preserves the right to a jury trial in federal civil lawsuits exceeding $20.

Eighth Amendment

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

Ninth Amendment

States that listing specific rights in the Constitution does not deny or disparage other unenumerated rights retained by the people.

Tenth Amendment

Reserves powers not delegated to the federal government by the Constitution to the states or the people.

14th Amendment Citizenship Clause

Establishes birthright citizenship, reversing Dred Scott v. Sandford and creating a single national citizenship.

14th Amendment Equal Protection Clause

Forbids states from denying any person equal protection under the law, prohibiting arbitrary discrimination.

14th Amendment Due Process Clause

Prohibits states from depriving any person of life, liberty, or property without fair procedures

14th Amendment Privileges or Immunities Clause

Designed to protect fundamental U.S. citizenship rights from state infringement, but sharply limited by the Slaughter-House Cases (1873).

Substantive Liberties

Constitutional limits on what the government can do or regulate (the substance of laws).

Procedural Liberties

Constitutional limits on how the government can act and enforce laws (legal procedures).

Dual Citizenship Principle

19th-century doctrine established by Barron v. Baltimore that fundamental rights depended on state geography rather than national citizenship.

Selective Incorporation

The gradual, case-by-case process by which the Supreme Court applied specific Bill of Rights guarantees to state governments via the 14th Amendment Due Process Clause.

Penumbras and Emanations

Justice Douglas's legal doctrine in Griswold stating that explicit Bill of Rights guarantees create peripheral zones of privacy.

Undue Burden Standard

Standard from Casey ruling a state abortion law unconstitutional if its purpose or effect places a substantial obstacle in the path of a woman seeking an abortion before fetal viability.

Bad Tendency Test

Judicial test from Gitlow (1925) allowing government to punish speech if it has a tendency to bring about illegal acts.

Brandenburg Test (Imminent Lawless Action)

Standard from Brandenburg v. Ohio (1969) protecting political advocacy unless it is specifically intended and likely to incite imminent lawless action.

Prior Restraint

Government action prohibiting speech or publication before it occurs

Barron v. Mayor & City Council of Baltimore (1833)

Supreme Court ruled that the Bill of Rights limits only the federal government, not state or local governments.

Slaughter-House Cases (1873)

Supreme Court ruled that the 14th Amendment's Privileges or Immunities Clause did not apply the Bill of Rights to the states.

Chicago, Burlington & Quincy Railroad Company v. City of Chicago (1897)

First application of a Bill of Rights provision (5th Amendment Just Compensation) to the states via the 14th Amendment Due Process Clause.

Gitlow v. New York (1925)

Incorporated freedom of speech to apply to the states via the 14th Amendment Due Process Clause

Little v. Barreme (1804)

Separation-of-powers case holding that a statute passed by Congress overrides a conflicting presidential executive order.

United States v. Curtiss-Wright Export Corp. (1936)

Upheld an arms embargo and established the president as the "sole organ" in foreign relations.

United States v. Belmont (1937)

Executive action seizing Russian assets treated as federal law superseding state law.

United States v. Pink (1942)

Ruled that executive agreements have treaty status and override state law.

United States v. Pelley (7th Cir. 1942)

Upheld a fascist's Espionage Act conviction for false statements about the war.

Dennis v. United States (1951)

Upheld Smith Act convictions of Communist leaders, holding that grave danger need not be clear or present.

Youngstown Sheet & Tube Co. v. Sawyer (1952)

Struck down President Truman's wartime seizure of domestic steel mills, confirming executive commands have strict limits.

Griswold v. Connecticut (1965)

Established a constitutional right to privacy regarding contraception within marital zones of privacy, citing penumbras of the Bill of Rights and the 9th Amendment.

Pickering v. Board of Education (1968)

Balanced a public employee's free speech rights against the government's interest as an employer.

Brandenburg v. Ohio (1969)

Protected political advocacy unless intended and likely to incite imminent lawless action

New York Times v. United States (Pentagon Papers, 1971)

Prohibited prior restraint on publishing classified material unless it would surely cause direct, immediate, and irreparable harm.

Roe v. Wade (1973)

Ruled that the 14th Amendment right to privacy encompasses abortion rights, utilizing a rigid trimester framework.

Doe v. Bolton (1973)

Georgia companion case to Roe v. Wade concerning abortion health exceptions.

Snepp v. United States (1980)

Upheld that a former CIA agent is bound by agreement to submit writings for pre-publication approval.

Cruzan v. Director, Missouri Dept. of Health (1990)

Ruled that a competent person has a liberty interest in refusing medical treatment, but states can demand clear and convincing evidence for incompetent patients.

Planned Parenthood v. Casey (1992)

Upheld Roe's core viability rule via stare decisis but replaced trimesters with the "undue burden" test.

Washington v. Glucksberg (1997)

Unanimously ruled that the 14th Amendment Due Process Clause does not protect a fundamental right to physician-assisted suicide, establishing that unwritten rights must be deeply rooted in history and tradition.

Lawrence v. Texas (2003)

Protected same-sex intimacy under privacy rights (referenced in Dobbs dissent).

Obergefell v. Hodges (2015)

Protected same-sex marriage rights (referenced in Dobbs dissent).

Dobbs v. Jackson Women's Health Organization (2022)

Overruled Roe and Casey, holding abortion is not deeply rooted in history and tradition, returning policy to states under rational-basis review.

Gonzales v. Oregon (2006)

Upheld Oregon's Death with Dignity Act against federal Drug Enforcement / Controlled Substances Act interference.

Humphrey's Executor v. United States (1935)

Ruled that Congress can constitutionally limit the president's power to remove commissioners from independent regulatory agencies.

Trump v. Slaughter (2026)

Supreme Court ruled that statutory for-cause removal protections for independent regulatory commissioners violate Article II, affirming at-will removal authority.

Trump v. Cook (2026)

Supreme Court ruled 5-4 that a preliminary injunction blocking the removal of a Federal Reserve Board Governor must remain in effect, preserving Federal Reserve independence.

Learning Resources, Inc. v. Trump (2026)

Supreme Court struck down sweeping tariffs levied via IEEPA, holding that the constitutional power to tax and levy tariffs belongs exclusively to Congress under Article I, Section 8.

Sedition Act of 1798

First federal law punishing criticism of the government.

Espionage Act of 1917

Federal law making it a crime to cause insubordination or obstruct military recruitment

Sedition Act of 1918

Expanded WWI prosecutions against disloyal or abusive speech regarding the government or military.

Federal Register Act (1937)

Requires executive orders and proclamations to be published.

Smith Act (1940)

Statute prohibiting advocacy of overthrowing the government. Basis for prosecuting Communist Party leaders (Dennis v. United States).

Administrative Procedure Act (APA, 1946)

Governs agency rulemaking and expanded standing to challenge administrative agencies (a key "fire alarm").

Taft-Hartley Act (1947)

Labor law restricting union power, vetoed by Truman during the Marshall Plan push.

European Recovery Program (Marshall Plan, 1948)

Foreign aid program passed by a Republican Congress through Truman's bargaining with bipartisan leaders.

Subversive Activities Control Act (1950)

Cold War anti-Communist law upheld by the Supreme Court.

Communist Control Act (1954)

Strips the Communist Party of legal rights and privileges.

National Environmental Policy Act (NEPA, 1969)

Environmental law (termed Environmental Procedures Act in reading) expanding standing for administrative challenges (fire alarm).

Toxic Substances Control Act (1976)

Authorized court injunctions, public comment, and hearings for toxic chemical regulation (fire alarm).

USA PATRIOT Act (2001)

Broad surveillance and law enforcement act passed quickly after 9/11 during a national crisis.

Authorization for Use of Military Force (AUMF, 2001)

Congressional authorization for military force post-9/11.

Wall Street Bailout (TARP, 2008)

Emergency financial crisis response after the failure of Lehman Brothers.

Affordable Care Act (2010)

Comprehensive health care reform passed on strict party lines modeled on RomneyCare.

Dodd-Frank Wall Street Reform Act (2010)

Sweeping financial regulation act creating the Consumer Financial Protection Bureau (CFPB).

"Don't Ask, Don't Tell" Repeal (2010)

Legislation repealing the military's ban on openly gay service members.

Debt Ceiling Deal / Budget Control Act (2011)

Budget agreement creating a congressional "supercommittee" that ultimately failed.

Every Student Succeeds Act

FAST Act

Mississippi 15-Week Gestational Age Act (2018)

State law prohibiting abortion after 15 weeks, upheld in Dobbs.

Budget & Accounting Act (1921)

Created the Bureau of the Budget (now OMB), shifting federal budget initiation from Congress to the President.

Endangered Species Act (1973)

Delegated broad regulatory authority to executive departments to protect biodiversity and restrict land use.

International Emergency Economic Powers Act (IEEPA, 1977)

Statute granting the president economic powers during national emergencies, which Trump attempted to use to levy tariffs (struck down in Learning Resources).

Article I, Section 1

Vests all federal legislative powers exclusively in Congress.

Article I, Section 3 (Senate)

Establishes Senate rules: equal state votes, six-year terms, age 30, and nine years citizenship.

Article I, Section 8 (Expressed Powers)

Outlines congressional powers including the power of the purse, regulating commerce, foreign affairs authority, and the Necessary and Proper Clause.

Appropriations Clause (Article I, Section 9, Clause 7)

Mandates that no money can be drawn from the Treasury except through a law passed by Congress.

Commerce Clause

Grants Congress power to regulate commerce with foreign nations, among states, and with Indian tribes.

Necessary and Proper Clause (Elastic Clause)

Grants Congress implied powers to pass laws necessary for executing its enumerated responsibilities.

Article II (Executive Branch)

Vests executive power in a single president, outlining the commander-in-chief role, veto power, executive orders, appointments, and the take care clause.

Article III (Judicial Branch)

Establishes the Supreme Court and inferior federal courts, granting judges lifetime tenure during good behavior.

Federalist 6 (Hamilton)

Argues that disunited states would go to war due to ambition, commercial rivalry, and leaders' passions, making a strong union essential.

Federalist 62 (Madison)

Argues that the Senate's longer terms, age requirements, and equal state representation act as a check on the House and a stabilizing brake on popular passion.

Federalist 70 (Hamilton)

Argues that good government requires an energetic, unitary executive characterized by unity, duration, and competent powers to ensure speed and clear responsibility.

Federalist 51 (Madison)

Outlines structural mechanisms (separation of powers, bicameralism, checks and balances) to limit government power and control factions.

Collective Action Problems in Congress

Inherent coordination, information, and free-rider obstacles members face in passing legislation and producing collective public goods.

Legislative Parties

Institutional devices (Speakership, Majority Leader, Whips) created to solve collective action problems, enforce party discipline, and control the legislative agenda.

Committee System

Decentralized institutional structure featuring fixed jurisdictions and stable membership designed to gather information, draft bills, and build coalitions.

Revolt against Speaker Cannon (1910)

Bipartisan coalition of progressive Republicans and Democrats stripped House Speaker Joseph Cannon of autocratic control over committee assignments and the Rules Committee.

Democratic Study Group Reforms / Subcommittee Bill of Rights (1970s)

Post-Watergate reforms that stripped full-committee chairs of their monopolies over staff and budgets, empowering subcommittees and junior members.

"Republican Revolution" of 1994

Led by Newt Gingrich, Republicans seized the House via the Contract with America, centralizing party control, imposing chair term limits, and slashing committee staff.

Weakening of the Speakership under McCarthy (2023)

Kevin McCarthy traded away central control over committees and restored the single-member motion to vacate to win the gavel, making the Speaker vulnerable to internal factional vetoes.

Energetic, Unitary Executive Model (Federalist 70)

Model where presidential power derives from executive unity, speed, and clear accountability.

Power to Persuade / Bargaining Model (Neustadt)

Model arguing that presidents operate in separated institutions sharing powers, so command fails

Going Public Model (Kernell)

Model where modern presidents bypass bargaining by appealing directly to the public to pressure Congress, though it risks poisoning long-term compromise.

Unilateral Action Model (Howell)

Model where presidents exploit institutional position to move first and act alone through executive orders, proclamations, and executive agreements.

Presidential Veto

Qualified negative allowing the president to act as part of the legislative process