AP Gov Important Knowledge

1st Amendment

Free Speech/Press/Petition/Free Exercise of Religion

2nd Amendment

Right to Bear Arms

3rd Amendment

No Quartering of Soldiers

4th Amendment

No Unreasonable Searches and Seizures

5th Amendment

Cannot be forced to incriminate yourself/no double jeopardy/eminent domain

6th Amendment

Right to a lawyer/fair trial/speedy trial/right to confront witnesses against you

7th Amendment

Citizens have the right to a jury trial in federal non-criminal cases

8th Amendment

No cruel and unusual punishment/unreasonable bail

9th Amendment

Just because it is not mentioned in the Constitution does not mean we don’t have that right

10th Amendment

All powers not given to the national government go to the states

11th Amendment

Citizens cannot sue a state in federal court without the state’s permission.

12th Amendment

Separate electoral college ballots for President and Vice President

13th Amendment

Abolished Slavery

14th Amendment

Reiterated citizenship for freed slaves/privileges and immunities clause/due process clause/equal protection clause

15th Amendment

All males could vote

16th Amendment

Congress can levy an income tax

17th Amendment

Senators now elected by the people of the state NOT legislatures

18th Amendment

Prohibition of alcohol

19th Amendment

Women’s suffrage (women could now vote)

20th Amendment

Moved up the time national office holders take office/if something happens to Pres., VP takes over

21st Amendment

Repealed prohibition

22nd Amendment

Limited the president’s terms to two 4 year terms (max. of 10 years)

23rd Amendment

Gave D.C. three electoral votes

24th Amendment

Abolished poll taxes

25th Amendment

Procedures for if the Pres becomes unfit for duty

26th Amendment

18 year olds can vote

27th Amendment

Congress cannot increase their pay in the same term

Legislative Branch Checks the Executive Branch

1. Overrides a presidential veto with 2/3 vote in each house of congress

2. Oversight hearings

3. Can reduce/increase the budget proposed by president

4. House of Representatives can impeach (accuse) the president

5. Senate is the jury for the impeachment trial and convicts or acquits the president

6. Senate ratifies treaties by 2/3 majority

7. Senate approves presidential appointments by simple majority vote

Legislative Branch Checks the Judicial Branch

1. Can change the number and jurisdiction of federal courts

2. Sets lower federal court jurisdiction

3. Can change the number of justices on the Supreme Court

4. Senate approves federal judge appointees

5. House of Representatives can impeach (accuse) a federal judge

6. Senate is the jury for impeachment trial and convicts or acquits a federal judge

7. Can initiate a constitutional amendment

Executive Branch Checks the Legislative Branch

1. Can veto a bill

2. President can decide not to enforce a law

3. Executive orders

4. Executive agreements

5. Bully pulpit (appealing directly to the people)

6. Can convene congress

Executive Branch Checks the Judicial Branch

1. Appoints federal judges

2. Can choose not to enforce a court decision

3. Pardon power

Judicial Branch Checks the Legislative Branch

Judicial review

Judicial Branch checks the Executive Branch

Judicial review

Bureaucratic Discretion

Bureaucratic discretion is the power given to agencies by Congress to implement laws using their expert judgement.

Bureaucratic Rulemaking

Bureaucratic rulemaking is the process by which agencies create the regulations necessary to carry out the laws that Congress makes. These regulations have the same effect as laws.

Executive Branch Checks on the Bureaucracy

1. Appoint and remove agency heads

2. Reorganize the bureaucracy (with congressional approval)

3. Change an agency’s budget

4. Adjust policies that would alter the bureaucracy’s activities

5. Issue executive orders

Legislative Branch checks on the Bureaucracy

1. Pass legislation that alters the bureaucracy’s activities

2. Abolish existing programs

3. Reduce funding to bureaucracy

4. Congressional oversight (hearings requiring bureaucrats to testify)

5. Senate approves bureaucrat appointments

Judicial Branch checks on the Bureaucracy

Judicial Review

The margin required to override a presidential veto

2/3 majority in the House of Representatives and 2/3 majority in the Senate

The margin required to ratify a treaty

2/3 majority in the Senate

The margin required to impeach a president

A simple majority (half plus one) in the House of Representatives.

The margin required to convict a president that has been impeached

2/3 majority in the Senate

The margin required to elevate a president’s nominee to a seat on a federal court (including the Supreme Court)

A simple majority in the Senate

The margin required to elect the president

A simple majority (270 electoral votes)

The margin required to pass a law

A simple majority in both houses of congress

The margin required to propose an amendment

2/3 majority in both houses of congress or if 2/3 of state legislatures request a convention

The margin required to ratify an amendment

¾ of states