AP GOV midterm

First Amendment Rights

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

Engel v. Vitale

banned formal prayer in schools, government should not make any religion the 'official' religion.

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.

Baker v. Carr (1962)

Ordered state legislative districts to be as near equal as possible in population, one person one vote

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause

Bureaucracy

revenue bills

Tax bills (must originate in the House) to raise money for the government

Texas v. Johnson (1989)

Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.

Federalists

supporters of the Constitution

Anti-Federalists

people who opposed the Constitution

Federalist Paper #10

written by Madison, discusses importance of factions, factions are inevitable, but factions are best handled by a large republic

Problems with the Articles of Confederation

Unicameral

No judicial or executive branch

No army

Congress could not tax or regulate trade

Each state had only one vote regardless of size

All 13 state required to approve amendments

Baker v. Carr

Bicameralism

The principle of a two-house legislature.

Civil Liberties

Constitutional freedoms guaranteed to all citizens

conference committee

special joint committee created to reconcile differences in bills passed by the House and Senate

Brutus No. 1

An Anti-Federalist essay which argued against a strong central government based on the belief that it would not be able to meet the needs of all US citizens.

Bully Pulpit

the ability to use the office of the presidency to promote a particular program and/or to influence Congress to accept legislative proposals

New York Times v. US

Supreme Court case protecting the freedom of the press by allowing the New York Times to publish the "Pentagon Papers" despite the Justice Department's order to restrict it

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Congressional Leadership

Leaders in Congress, usually the minority and majority speakers.

Checks and Balances

used to keep the government from getting too powerful in one branch

Checks on Judiciary

president appoints judges but the senate confirms all judges and justices, no enforcement mechanisms, congress can over rule rulings with new laws or amendments, impeachment and threat of impeachment, congress can change the number of justices by law

clear and present danger test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.

Establishment Clause

Part of the First Amendment stating that "Congress shall make no law respecting an establishment of religion."

Free Excercise Clause 1st Amendment

congress shall make no law prohibiting the people's right to religion.

Formal Powers of the President

- are things said in the constitution; direct

- head of state

- chief diplomat

- veto

- pardon

Informal powers of the president

powers given to the president that are not specifically stated in the constitution

House of Representatives

the lower house of Congress, consisting of a different number of representatives from each state, depending on population

U.S. Senate

the upper house of the U.S. Congress

Mcculoch vs. Maryland

Supreme Court ruling that defended federal power by denying a state the right to tax a federal bank; stated that constitutional federal laws had power over state laws. congress can bend the rules of the constitution

U.S. v. Lopez (1995)

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

Implied Powers of Congress

powers that go beyond those enumerated in the constitution. "make all laws necessary and proper for carrying into execution' Article I

veto power

presidential power to stop a bill from becoming a law by rejecting it

Ledbetter v. Goodyear Tire & Rubber Co.

2007 case in which the U.S. Supreme Court ruled that claims of sex discrimination in pay under Title VII were not timely because discrimination charges were not filed with the EEOC within the required 180-day time frame.

The Great Compromise

Compromise made by Constitutional Convention in which states would have equal representation in one house of the legislature and representation based on population in the other house

constitutional interpretation of federalism

power is shared between the federal and state governments

divided government

one party controls the White House and another party controls one or both houses of Congress

Voting Regulations

Left to individual states to decide, used in the South to justify ignoring the 15th Amendment

trustee model of representation

A model of representative democracy where the representative is trusted to make the right decision on behalf of the people.

executive agreements

an international agreement, usually regarding routine administrative matters not warranting a formal treaty, made by the executive branch of the US government without ratification by the Senate.

Federalist Paper #78

discusses the power of judicial review. It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Hamilton viewed this as a protection against abuse of power by Congress.

time, place, and manner restrictions

regulations regarding when, where, or how expression may occur; must be content neutral

Gerrymandering

the drawing of legislative district boundaries to benefit a party, group, or incumbent