AP U.S. Government & Politics: Foundational Documents, Principles, and Court Cases

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79 Terms

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Declaration of Independence

Justified separation from Britain; natural rights.

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Articles of Confederation

Legislative Branch only, need all states to amend, lacked ability to pass legislation quickly or put down uprisings→ leads to the need for the Constitution.

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Constitution

Framework of U.S. government; separation of powers & federalism.

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Federalist No. 10

Factions are inevitable; large republic prevents tyranny.

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Brutus No. 1

Anti-Federalist; feared centralized power and loss of liberty.

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Federalist No. 51

Separation of powers & checks and balances.

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Federalist No. 70

Strong, single executive needed for energy & accountability.

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Federalist No. 78

Independent judiciary; power of judicial review.

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Letter from Birmingham Jail

Just vs. unjust laws; civil disobedience.

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Separation of Powers

Division among legislative, executive, judicial branches.

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Checks and Balances

Each branch can limit the powers of the others.

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Federalism

Division/Sharing of power between national and state governments.

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Popular Sovereignty

Power comes from the people.

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Limited Government

Government is restricted by the rule of law.

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Republicanism

Citizens elect representatives to make decisions.

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Participatory Democracy

A model where citizens have the power to make policy decisions directly or closely influence them.

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Pluralist Democracy

A model where political power is distributed among many competing interest groups.

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Elitist Democracy

A model where a small group of people hold the most power and influence decisions.

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Engel v. Vitale (1962)

No school-sponsored prayer; establishment clause. (1st Amendment)

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Marbury v. Madison (1803)

Judicial review established.

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Wisconsin v. Yoder (1972)

Religious freedom > school attendance. (1st Amendment→ Free Exercise Clause)

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McCulloch v. Maryland (1819)

Supremacy clause; implied powers.

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Tinker v. Des Moines (1969)

Symbolic speech protected in schools. (1st Amendment → Free Speech)

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U.S. v. Lopez (1995)

Limited Congress' power under the commerce clause.

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Schenck v. U.S. (1919)

"Clear and present danger" test for free speech.

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Baker v. Carr (1962)

One person, one vote; justiciability of redistricting.

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NY Times v. U.S. (1971)

Prior restraint violates freedom of press.

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Shaw v. Reno (1993)

No racial gerrymandering.

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McDonald v. Chicago (2010)

Incorporated 2nd Amendment to the states.

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Brown v. Board (1954)

Segregation violates equal protection clause.

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Gideon v. Wainwright (1963)

Right to attorney in state trials.

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Congress (Legislative)

Makes laws; bicameral (House & Senate); power of the purse.

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President (Executive)

Enforces laws; commander-in-chief; veto power.

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Bureaucracy

Implements policies; regulated through rulemaking.

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Courts (Judicial)

Interprets laws; judicial review.

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Necessary and Proper Clause

Allows Congress to pass laws needed to carry out enumerated powers.

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Political Parties

Organize elections and coordinate policy.

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Interest Groups

Influence policy via lobbying, litigation, and electioneering.

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PACs/Super PACs

Fund campaigns; Super PACs cannot coordinate directly.

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Electoral College

Presidential elections; winner-takes-all system in most states.

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Voter Turnout

Influenced by registration laws, education, and age.

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Trustee Model of Representation

Elected officials vote in whatever manner they feel best serves their constituents.

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Delegate model of representation

Elected officials act as direct representatives of their constituents, expected to vote according to their will.

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Politico model of representation

A hybrid approach where representatives balance acting as both delegates and trustees, influenced by constituents but also using their own judgment.

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Bill of Rights

First 10 amendments protecting individual freedoms.

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14th Amendment

Provides due process and equal protection; basis for incorporation.

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Selective Incorporation

Applying Bill of Rights to states via 14th Amendment's Due Process Clause.

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Civil Rights Act (1964)

Banned discrimination in public places.

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Voting Rights Act (1965)

Outlawed literacy tests and voter suppression tactics.

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Civil Liberties

Protections FROM the government.

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Civil Rights

Protections BY the government.

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Purpose of Civil Liberties

Protect freedoms.

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Purpose of Civil Rights

Ensure equality.

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Focus of Civil Liberties

Individual freedoms.

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Focus of Civil Rights

Group protections.

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Legal basis for Civil Liberties

Bill of Rights.

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Legal basis for Civil Rights

14th Amendment (DPC) - incorporation to the states via SCOTUS cases.

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Examples of Civil Liberties

Free speech, due process, protections against unreasonable search and seizure.

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Examples of Civil Rights

Employment non-discrimination laws.

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Proposal for Amending the Constitution

By 2/3 of both houses of Congress or by a national convention called by 2/3 of state legislatures.

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Ratification for Amending the Constitution

By 3/4 of state legislatures or by 3/4 of state ratifying conventions.

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1st Amendment

Freedom of speech, religion, press, petition, and assembly.

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2nd Amendment

Right to bear arms.

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3rd Amendment

Government cannot force citizens to house soldiers during peacetime.

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4th Amendment

Protects against unreasonable searches and seizures.

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5th Amendment

Right to a jury, protection against double jeopardy, and self-incrimination.

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6th Amendment

Right to a speedy and public trial, to a lawyer, and to a jury.

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7th Amendment

Guarantees the right to a jury trial in federal civil cases.

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8th Amendment

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

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9th Amendment

Rights not listed in the Constitution are still protected.

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10th Amendment

Powers not given to the federal government nor withheld from states are reserved to the states or the people.

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15th Amendment

Cannot deny vote based on race, color, or previous condition of servitude.

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17th Amendment

Direct election of U.S. Senators by the people.

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19th Amendment

Women's suffrage.

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23rd Amendment

Residents of D.C. can vote for President.

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24th Amendment

Banned poll taxes in federal elections.

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26th Amendment

Voting age lowered to 18.

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Judicial Activism

Judges actively interpret the Constitution and laws to reflect current conditions and values.

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Judicial Restraint

Judges limit their own power and avoid overturning laws unless clearly unconstitutional.