AP Government UTHS 1st Summative Assessment Study Set

Locke, Montesquieu, and Blackstone

What 3 philosophers had influence on American government?

unalienable rights and social contract

John Locke's ideas:

Separation of powers

Montesquieu's idea:

Rigid american law

Blackstone's idea:

John Adams

2nd President; believed in independence, laws, a bicameral legislature, and separation of powers

Alexander Hamilton

Federalist; Federalist papers; Federalist Party; First BUS

Thomas Jefferson

Declaration of Independence; believed a body could declare independence from tyranny; 3rd President; founder of Democratic-Republican Party; Advocate of the states

James Madison

"Father of the Constitution"; Bill of Rights, 4th President; Democratic-Republican after he changed from a Federalist

John Jay

Federalist, first Chief Justice, opposed slavery

George Mason

Refused to sign Constitution (No Bill of Rights); Virginia Constitution's Bill of Rights; against slave trade

Roger Sherman

Supporter of AOC; unicameral, Great Compromise

George Washington

Leader of revolution - commander-in-chief of Continuental army, first President, Constitutional Convention; avoided political parties, Farewell Address, cabinet

James Wilson

Justice appointed by Washington, direct election of senators, election of president by people; 3/5ths compromise

Great Compromise

COMPROMISE: Bicameral legislature (Senate and House) from the Virginia Plan

Equal Representation in Senate from the New Jersey Plan

Representation based on population in the House (Virginia)

3/5ths compromise

COMPROMISE: 3/5ths of slaves counted as population representation and taxation

Commerce and slave trade compromise

COMPROMISE: Gave congress the power to regulate commerce, but the issue was frozen for another 20 years

electoral college compromise

COMPROMISE: Electoral college established indirect electionof the president by the people

4 year presidential duration

Unlimited presidential terms

limited government

principle that

The federal government doesn't have all the power - it is limited by different powers so it doesn't become corrupt

republicanism

Principle that the voice of the people is heard through representatives that they elect, who then support their opinions on their behalves

separation of powers

principle that

The federal government is split into 3 branches (legislative, executive, judicial) that have different roles and have equal amounts of power

checks and balances

principle that

Each of the 3 branches have power to limit other branches via vetos for example

popular sovereignty

principle that The government is based on what the people want

individual rights

principle that Individuals have rights that they are born with that cannot be taken away by the government

federalism

principle that

The government is divided into the national and state governments, which share power and have certain roles delegated to them

preamble

section of the constitution that explains the purpose of the constitution and government

article I

section of the constitution that outlines the legislative branch by explaining the bicameral congress and details about members of congress

article II

section of the constitution that outlines the executive branch and details the President's role

article III

section of the constitution that Establishes the judicial branch (Supreme Court) and its authority

article IV

section of the Constitution that Describes federalism in a sense and how the states and the national government interact

article V

section of the Constitution that explains Explains how amendments can be made

article VI

section of the constitution that Explains that the Constitution is the Supreme law of the land and cannot be questioned

article VII

section of the constitution that Explains how the Constitution was ratified

amendments

section of the constitution that allows for Changes in the Constitution in order to account for changing times

executive branch

branch that involves the President, who enforces the laws

legislative branch

branch that involves Congress, who create laws

judicial branch

branch that involves the Supreme Court, Courts of Appeal, and District courts who all interpret the law

1st amendment

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

2nd amendment

Amendment to the US Constitution which protects against restrictions of the right to bear arms

3rd amendment

Amendment that prohibits the required quartering of troops.

4th amendment

Amendment that protects against unreasonable search and seizure.

5th amendment

Amendment that sets up due process of law and protects the accused.

6th amendment

Amendment that guarantees a speedy and public trial and the right to counsel.

7th amendment

Amendment that creates qualifications on the use of a jury.

8th amendment

Amendment that prohibits excessive bail amounts and cruel and unusual punishment.

9th amendment

Amendment that protects rights not listed in the Bill of Rights.

10th amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

11th amendment

Amendment that sets up rules for suing a state.

12th amendment

Amendment that puts president and vice president on same ticket

13th amendment

amendment that abolished slavery

14th amendment

The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War.

15th amendment

Amendment that extended suffrage to all races.

16th amendment

Amendment to the United States Constitution (1913) gave Congress the power to tax income.

17th amendment

Amendment to the U.S. Constitution that made senators directly elected by the people, removing their selection from state legislatures.

18th amendment

amendment that prohibited the manufacture, sale, and distribution of alcoholic beverages

19th amendment

Amendment to the U.S. Constitution (1920) extended the right to vote to women in federal or state elections.

20th amendment

Amendment: Congress begins on January 30th; President starts on January 20th

"Lame-duck" Amendment

21st amendment

Amendment which ended the Prohibition of alcohol in the US, repealing the 18th amendment

22nd amendment

Amendment that created a 2 term limit on presidents.

23rd amendment

Amendment to the Constituiton that gave residents of Washington DC the right to vote

24th amendment

Amendment to the U.S. Constitution (1964) eliminated the poll tax as a prerequisite to vote in national elections; later extended to state and local elections in Harper v. Virginia Board of Elections)

25th amendment

Amendment that creates a chain of succession for filling in the presidential seat in case of death/incapacitation.

26th amendment

Amendment that lowered the voting age to 18

27th amendment

Amendment that made Congressional pay raises ineffective until the next term.

unitary government

government where power is all within the national government

federal government

government where the national and state governments share power

confederation

government where all power lies with the states

presidential system

system of government where voters elect members of legislature and the president through elections

parliamentary system

system of government where voters select legislature through electoral process; legislators then elect the executive

constitutional republic

What is the United States of America's form of government?

monarchy

type of government where source of power is a monarch such as a king

republic

type of government where source of power lies within the people who elect their representatives

authoritarian/dictatorship

type of government where source of power lies with 1 person

socialist

Type of government where individuals and government share ownership in major businesses and government takes on a greater role in citizen's lives.

direct democracy

type of government where source of power lies with the people, who directly vote on all issues

theocracy

type of government where source of power lies with religious group or figure

McCulloch v. Maryland

Required Supreme Court ruling (1819) confirming the supremacy of the Constitution and federal law; established Congress has powers beyond those specifically stated

US v. Lopez

Required SCOTUS case: Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce; ruled that states could control local issues

enumerated powers

powers where Constitution explicitly states that they are held by federal government

implied powers

Powers not specifically mentioned in the constitution, but expressed

reserved powers

Powers given to the state government alone

concurrent powers

Powers held jointly by the national and state governments.

U.S. v. Schenck

Required Case where The Supreme Court determined that speech may be suppressed if it creates a clear and present danger (one cannot yell "fire" in a crowded theater)

In the following years, the "clear and present danger" test was limited to violent action rather than the support of these ideas

Engel v. Vitale

Required Case (1st Amendment - freedom of religion): The 1962 Supreme Court decision holding that public schools can't promote religion in any way

Wisconsin v. Yoder

Required Case (1st Amendment - free exercise clause): Amish children do not have to go to school until they are 16---they may stop after the 8th grade because state laws violate the free exercise clause of 1st Amendment

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion - Lemon v. Kurtzman

symbolic speech, obscenity, libel, false defamatory speech

What are the 4 types of speech not fully protected by constitutional courts? (freedom of expression)

Miller Test

The current judicial test for obscenity cases that considers community standards, whether the material is patently offensive, and whether the material taken as a whole lacks serious literary, artistic, political, or scientific value.

prior restraint/censorship

freedom of the press -> government can't prohibit publication of something in advance unless public welfare is in danger; idea arose in case Near v. Minnesota

Tinker v. Des Moines

Required case (free speech) where court ruled that Students have the right to symbolic speech at school as long as it is not disruptive

NYT v. US

Required case (freedom of the press) where The ruling made it possible for the New York Times and Washington Post newspapers to publish the then-classified Pentagon Papers without risk of government censorship or punishment.

Citizens United v. FEC

Required case (free speech) which ruled that corporate funding of independent political broadcasts can't be limited

zone of privacy

What idea stemmed from the 3rd Amendment?

limits search and seizures

What does the 4th Amendment do concerning personal property? Says that a search warrant must be issued with probable cause

exclusionary rule

4th amendment rule that explains evidence obtained improperly can't be used in trial (Mapp v. Ohio)

Miranda Rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona - right to remain silent and have a lawyer

eminent domain

a 5th amendment principle that protects private property without just compensation

cruel and unusual punishment

Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.

right to privacy

9th amendment principle - The right to a private personal life free from the intrusion of government.

Roe v. Wade

Required (right to privacy in 9th and 14th amendments) Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester.

due process, equal protection, selective incorporation

What 3 things does the incorporation doctrine include?