APGov

Caucus v Primary

Caucus: synchronous rounds of voting in rural states Only registered member of party can participate

Primary: Voting booth that is private and ballots are distributed by states. Can occur at multiple times.

Declaration of Independence

All people created equal (Natural Rights of Life, Liberty, Property) Governments are created to protect these rights. People can change it if they don’t

Declaration of independence parts

1- John locke inspired him integards to natural rights and social contract 2- grievances, all of the charges against king george (taxing, lack of representation) 3- Statement freeing them from Britain

Articles of confederation

Gave too much power to the states, couldn’t tax, no judiciary, no president, UNICAMERAL (One state one vote)

Federalist 10

Federalists accommodated towards factions by creating a strong executive branch so one faction cannot overpower

Brutus 1

Antifederalists Feared the elastic and supremacy clause, a bill of rights was necessary to protect the people from the government. Believed Congress possesses far too much power

Amendment I

Prohibits the establishment of a state religion and guarantees freedom to practice religion; protects freedom of speech and the press, as well as the right to assemble and petition the government.

Amendment 2

Protects the right to keep and bear arms, and mentions this right in the context of a “well- regulated militia.”

Amendment 3

Prohibits the stationing of troops in people’s homes without their consent or as set down in law during wartime.

Amendment 4

Protects against unreasonable search and seizure; probable cause is required to get a warrant to conduct a search, and the warrant must describe the place to be searched and what is to be seized.

Amendment 5

Provides for indictment by a grand jury for capital or serious crimes; protects against double jeopardy (a person cannot be tried for the same crime twice) and self-incrimination (a person cannot be forced to testify against himself or herself); guarantees due process(federal)

Amendment 6

Guarantees the right to a speedy trial by an impartial jury in criminal cases, to be informed about charges, to confront witnesses and present witnesses in defense, and to have representation by an attorney.

Amendment 7

Provides for a trial by jury in most civil cases.

Amendment 8

Prohibits excessive bail and fines as well as the infliction of cruel and unusual punishment.

Amendment 9

The people are not denied any rights not specifically mentioned in the Constitution.

Amendment 10

Powers not granted to the federal government or denied to the states in the Constitution, belong to the states or to the people. The powers referred to in this amendment are known as reserved powers.

Amendment 13

Banned slavery

Amendment 14

Provided all citizens with equal protection (no person or group will be denied the protection under the law) and due process (state)

Amendment 15

Gave black men the right to vote

Amendment 17

allowing voters to cast direct votes for U.S. senators. allows state governors to temporarily fill vacancies in the Senate, it *took away* the power of state legislatures to appoint Senators in order to allow for direct election

Amendment 19

Granted women the right to vote

Amendment 22

President cannot be President twice

Amendment 24

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

Amendment 26

21-18 voting age

Federalist 51

Proposes the 3 branches. Each branch should be self-sufficient but still have Checks and balances and separation of powers. Judicial branch must be approved by senate chosen by president. Legislative branch is slightly isolated because of its power. Helps suppress factions like in Federalist 10.

Federalist 70

A strong, unitary, executive branch is necessary. Balances slow congress by being faster. It provides stability.

Federalist 78

Since judiciary is the weakest, they let them have judicial review and express executive order through that. They are given lifetime appointments

Letter from birmingham jail

King argues that he and his fellow demonstrations have a duty to fight for justice. It is up to the oppressed to take charge and demand equality. Segregation is used to debase one population (blacks) while uplifting another (whites), which makes it immoral in the eyes of God. The Fourteenth Amendment’s equal protection clause as well as other constitutional provisions have often been used to support the advancement of equality.

McCulloch v.Maryland, 1819

\[Elastic Clause, Supremacy Clause\] The court decided that the Federal Government had the right and power to set up a Federal bank (Elastic) and that states did not have the power to tax the Federal Government(Supremacy).

U.S. v. Lopez Gun Free School Zones Act

\[Commerce Clause\] Lopez brought a handgun to school, and He was charged with firearm possession by state. U.S. took case over and charged respondent with violation of Gun Free School Zone Act, but Respondent argued that GFSZA was an overreach of the Commerce Clause. It was decided that it was an overreach of the commerce clause

Engel v. Vitale, 1962

\[1st Amendment-Establishment clause] Prayer (even non-denominational) not allowed in public school.

Wisconsin v. Yoder 1972

\[1st Amendment Free Exercise\] Cannot compel Amish students to attend high school.

Tinker v.Des Moines, 1969

\[1st Amendment Freedom of Speech] Armbands qualify as protected, symbolic speech.

NY Times v. U.S., 1971

\[1st Amendment-Freedom of press] Publication of Pentagon Papers Prior restraint (Near) is unconstitutional

Schenck v. U.S.

\[1st Amendment-Freedom of Speech] Draft evasion advocate “Clear and present danger” Speech can be limited – esp. during war

Gideon v. Wainwright, 1963

\[6th Amendment-Right to counsel 14th-Due Process] Couldn’t afford lawyer, Lawyer must be provided

McDonald v. Chicago, 2010

\[2nd Amendment-Right to bear Arms, 14th Amendment- Due Process/selective incorporation\] Chicago law banning handguns overturned. 2nd Amendment incorporated to the states. Mcdonald wanted a handgun but couldn’t get one because of an old law!

Brown v. Board of education, 1954

\[Equal Protection 14th\] Segregated schools unconstitutional. (Ruby Bridges was not allowed to attend school) Overturned Plessy.

Citizens United v. F.E.C., 2010

\[1st Amendment-Freedom of Speech\] “Hillary the Movie” says that soft money contributions can be unlimited in that they constitute a form of free speech-Opened door for SuperPAC’s and unprecedented spending. They prohibited corporations and unions from using their funds to use for election-related spending.

Baker v. Carr, 1961

\[14th Amendment-Equal Protection] Challenge to state redistricting. “One man, one vote” Principle in rural areas

Shaw v. Reno

\[Voting Rights Act of 1965(Outlawed discrimination), 14th Amendment equal protection\] Ruled racial gerrymandering unconstitutional

Marbury v. Madison, 1803

Established judicial review. Madison refused to deliver commissions to John Adams’ appointed judiciary(He wanted very few judiciaries) when he went into office. Marbury, one of the justices, sued. It was ruled that the Judicial branch would be able to have control over the other branches and they could force Madison to give the commission.

Supremacy Clause

Makes the Constitution, federal laws, and treaties the “supreme law of the land” by which state courts are bound.

Necessary and Proper Clause

Enables Congress to pass laws needed to carry out its enumerated powers.

Commerce Clause

Gives Congress the power to regulate interstate commerce

Checks done from Judicial branch

Can declare laws that the legislative proposes unconstitutional. Can declare executive orders unconstitutional.

Checks done from executive branch

Can veto laws that the legislative branch proposes, appoints Judges to the Supreme Court

Checks done from legislative branch

Can override an executive veto,impeach them, or presidential nominations. The senate ratifies the Executive treaties. Allows Executive to go to war. Congress can check the Supreme Court’s decisions by passing Constitutional amendments. ALlows peace treaties of the executive branch through 2/3 vote

Executive enumerated powers

Nominates supreme court justices and judges. Approves the law. make treaties with the approval of the Senate, veto bills/sign bills, represent our nation in talks with foreign countries, enforce the laws that Congress passes, act as Commander-in-Chief during a war, call out troops to protect our nation against an attack.

Judicial enumerated powers

Interprets and reviews each law. Settles legal disputes, Punishing violators of the law, Hearing civil cases, Protecting individual rights granted by the state constitution

Legislative enumerated powers

Controlling budget, appropriating the funds to pay for any wars. (Power of purse) Creates laws. Lay and collect taxes, pay debts and borrow money, regulate commerce, coin money, establish post offices, protect patents and copyrights, declare war, and raise and support an Army and Navy.

Executive implied powers

Executive agreements (treaties that dont need senate approval), The power to make foreign policy, the ability to dismiss administrators, expanded wartime powers, and making executive orders (which still can be refuted by congress)

Legislative implied powers

Minimum wage laws, can expand for Elastic

Judicial implied powers

Judicial review and deciding if acts are unconstitutional.

Article 1, 2, and 3

1- Legislative 2- Executive 3- Judiciary

Exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial

Prior restraint

judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this.

Preamble to the constitution (Could use for frq)S

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution”

Structure of the House

1. Speaker of the house(Recognizes members for speeches)
2. Maj/min leaders (Direct debate)
3. deputy leader/whip (Party discipline)

Structure of the Senate

1. Vice president (breaks the vote)
2. President pro-tempore (Presiding over senate in absense of VEEP)
3. Senate majority leader (Power to sway debate, most power)
4. Whip (Party discipline)

Power of standing committees

Particular policy area, holds confirmation hearings, handles impeachments

Discharge petition (House)

Bring bill out of reluctant committee

Mandatory VsDiscretionary spending

Mandatorymust be paid by citizens and discretionary is government spending implemented through an appropriations bill.

Chief executive (President)

Enforces laws, appoints officials, issues executive orders w/o congressional approval

Commander in chief (President)

Power and head of armed forces

Chief diplomat (President)

Meets with other heads of states, sets overall foreign policy

Chief jurist (president)

appoints federal judges, uses oardon/amnesty, rejects judicial nominations

Due Process procedural vs Substantive

Procedural- Guarantees right to fair trial (Double jeopardy)

Substantive- Fair and clear laws, prohibits from infringing on individual rights

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Both are derived from 5th but incorporated through 14th

House committees

* Budget committee- Decides what budget congress will vote on
* Appropriations committee- How they spend what money and which programs will get what funds
* Rules committee- Traffic cop because house has more members, deciding what gets officially sent to the house or if they want, to both houses (THis means senate has less power over what gets to the floor)
* Ways and means - Decides/analyzes taxes

Senate committees

* Foreign relations committee- Treaties are sent
* Armed services committee- controls gun bills
* Appropriations committee- how money is spent but has less control

Amending constitution rules

1. whenever two thirds of both Houses shall deem it necessary,
2. Or two thirds of the several States, shall call a Convention for proposing Amendments
3. when ratified by the Legislatures of three fourths of the several States
4. or by Conventions in three fourths thereof

Voting Rights act of 1965

outlawed the discriminatory voting practices adopted in many southern states after the Civil War, including literacy tests as a prerequisite to voting

Civil rights act of 1964

prohibits discrimination on the basis of race, color, religion, sex or national origin. Provisions of this civil rights act forbade discrimination on the basis of sex, as well as, race in hiring, promoting, and firing.

Title 9 of education act of 1972

prohibits discrimination based on sex in education programs and activities that receive federal financial assistance.

The patriot act

Just six weeks after the September 11 attacks, a panicked Congress passed the "USA/Patriot Act," an overnight revision of the nation's surveillance laws that vastly expanded the government's authority to spy on its own citizens, while simultaneously reducing checks and balances on those powers like judicial oversight, public accountability, and the ability to challenge government searches in court.