AP Government and Politcs Exam Core Concepts

Enlightenment Ideas in the Declaration of Independence

natural rights, popular sovereignty, social contract

Author of the Declaration of Independence

Thomas Jefferson

Author of Federalist 10

James Madison

Why is a pure democracy dangerous according to Federalist 10?

allows the majority to always prevail, leaving no protection for the minority

Why is stopping factions from forming a dangerous solution according to Federalist 10?

it destroys liberty

What type of government remedies the dangers of factions according to Federalist 10?

republican government

How does a large republican government affect the number of fanctions?

more different interests lead to more competing factions

Why are competing interests important to remedy the dangers of factions?

prevents a majority to unite, and promotes compromise among factions

Brutus No. 1 agues in favor of

a confederacy of states, rather than a centralized powerful government

What two clauses concern Brutus No. 1?

Necessary and Proper Clause, and Supremacy Clause

Brutus No. 1 concern of a large republic

Representation will fail since people will lose confidence in their “distant” representatives

Brutus No. 1 concern with federal power in relation to state power

federal power will trump state power (ex. taxes, judiciary)

Articles of Confederation

first constitution of the United States

To where did the Articles of Confederation invest power?

the states

What branch(es) were made under the Articles of Confederation?

legislative (unicameral, states had equal representation)

What important powers did the federal government lack under the Articles of Confederation?

ability to tax, declare war, and raise an army

Amendment process under the Articles of Confederation

13/13 states for approval

Article I

outlines the form and powers of Congress

bicameral legislature

Senate (equal representation) and House (by population)

Article I Section 8

enumerated powers of Congress: taxation, borrow money, coin money, raise an army, declare war

Article II

provisions for the Executive Branch: the Electoral College and Presidential powers

presidential powers

Commander in Chief of the army, navy, state militias, execute/enforce laws, sign bills into laws

Article III

Judicial Branch; Supreme Court as an appellate court (rarely w/ original jurisdiction)

Article V

Amendment Process: Proposal (2/3 House and Senate or 2/3 of state legislators) then Approval (3/4 of states)

Article VI

Supremacy Clause; “Supreme law of the land”

Author of Federalist 51

James Madison

Government principles in Federalist 51

separation of powers + checks and balances

How to protect liberty according to Fed. 51

divert power (ex. branches of government, federalism)

How should ambition be used according to Fed. 51?

“ambition must be made to counteract ambition”

Executive check on the Legislative

veto

Legislative check on the Executive

impeachment/removal

Judicial check on the Executive and Legislative

judicial review on laws/actions

Author of Federalist 70

Alexander Hamilton

Why does Madison argue in favor of life tenures for federal judges?

to keep their independence and to promote more experienced and qualified candidates

Exigency for King’s “Letter from a Birmingham Jail”

Local clergy claim King’s protests are not effectice and that Black people needs to be patient and wait for their rights

Why does King feel the need for coming to Birmingham?

“Injustice anywhere is injustice everywhere”

What is created by non violent direct action

creative tension to force people to confront the issue—change

Who prefers order than justice according to King?

the white moderate

Bill of Rights

guarantees essential individual liberties and sets limits on federal government power

1st Amendment

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

2nd Amendment

right to keep and bear arms

3rd Amendment

restricts quartering of soldiers in private homes

4th Amendment

protects against unreasonable searches and seizures

5th Amendment

rights to due process, protection against self-incrimination, double jeopardy and private property seizure

6th Amendment

right to a speedy public trial, a jury, and counsel in criminal cases

7th Amendment

guarantees a trial by jury in civil cases

8th Amendment

prohibits excess bail, fines, and cruel and unusual punishment

9th Amendment

States the rights not listed in the Constitution are still retained by the people

10th Amendment

reserves powers not delegated to the federal government to the states or the people

13th Amendment

abolished slavery

14th Amendment

defines citizenship, and applies the Equal Protection and Due Process Clauses to the states (selective incorporation)

15th Amendment

voting rights for African American men

17th Amendment

direct election of Senators

19th Amendment

women’s suffrage

22nd Amendment

two-term limit for the president

24th Amendment

abolished poll taxes

25th Amendment

presidential succession and disability

26th Amendment

lowered voting age to 18 (from 21)

McCulloch v. Maryland Background

A branch of the national bank in Maryland is facing taxes from the state, however the bank refuses to pay.

Constitutional Principles In McCulloch v. Maryland

Maryland argues that Art. 1 Sect. 8 doesn’t specifically say that Congress can charter a bank, while McCulloch argues it can under the Necessary and Proper Clause

McCulloch v. Maryland Decision

6-0 for McCulloch, constitutional under the Necessary and Proper Clause, and federal law reigns supreme (Supremacy Clause)

Why it matters: McCulloch v. Maryland

Federal power is favored over state power

United States v. Lopez (1995) Backround

Texas high school senior brings gun to school, prompting his arrest under Texas law. However, he is also found guilty of violating a federal law.

Constitutional Principle in United States v. Lopez

Commerce Clause; the federal government argues it affects commerce, despite gun legislation being a state power

United States v. Lopez Decision

5-4 for Lopez. It could set a dangerous precedent if sided with U.S. since the Commerce Clause could be applied to anything.

Why it matters: United States v. Lopez

State power is favored over federal.

Baker v. Carr Background

Tennessee hadn’t redistricted in a long time, resulting in rural voters having more power than urban ones.

Constitutional Principle in Baker v. Carr

Equal Protection Cluase; citizens of Tennessee were not equally protected under the states redistricting (turns it justiciable)

Baker v. Carr Decision

Issues of reapportionment were justiciable

Why it matters: Baker v. Carr

Establishes the the Supreme Court has authority for rule on questions of legislate reapportionment.

Shaw v. Reno Background

North Carolina created new district lines in favor of getting Black representatives.

Constitutional Principle in Shaw v. Reno

Equal Protecting Clause; districts were drawn with only race in mind

Shaw v. Reno Decision

Against Reno; noble intentions, but it would create a dangerous precedent for redistricting on only race

Marbury v. Madison Background

Federalist President stacked the judiciary to favor his agenda over his successor Jefferson (Demo. Reo.), however not all of the commissions were distributed in time.

Constitutional Principle in Marbury v. Madison

Jurisdiction Clause; does Marbury have the legal right to his commission, and if so, can the court give it to him?

Marbury v. Madison Decision

While Marbury has the legal right to his commission, the court can’t give it to him in the first place as the law granting the court the power, conflicts Constitution.

Why it matters: Marbury v. Madison

Establishes judicial review.

Engel v. Vitale Background

New York school board had students recite a voluntary non denominational prayer.

Constitutional Principle in Engel v. Vitale

First Amendment’s Establishment Clause (but selectively incorporating it to the states)

Decision in Engel v. Vitale

6-1 for Engel. The prayer violates the establishment clause.

Wisconsin v. Yoder Background

Amish family was fined after pulling their kids out of school after 8th grade for religious belief for alternative vocational learning, which conflicted with Wisconsin law.

Constitutional Principle in Wisconsin v. Yoder

Free exercise clause; does Wisconsin’s interest in education triumph the free exercise clause?

Wisconsin v. Yoder Decision

Unanimous for Yoder.

Tinker v. Des Moines Background

Students wanted to protest the Vietnam War by wearing a black armband to school, which contradicted a newly implemented policy against doing so. They wore it anyways, and faced suspension.

Constitutional Principle in Tinker v. Des Moines

Freedom of speech; does the symbolic protest infringe on the learning environment?

Tinker v. Des Moines Decision

7-2 for Tinker. Violated free speech.

Why it matters: Tinker v. Des Moines

Established substantial disruption test to determine legitimacy of limiting student free speech.

Schenck v. United States Backround

Schenck distributed anti draft pamphlets which conflicted with the Espionage Act (which outlawed hinderances against military recruitment)

Constitutional Principle in Schenck v. United States

Freedom of speech; Schenck argues it was violated and the Espionage Act was unconstitutional.

Schenck v. United States Decision

Unanimous against Schenck since he wasn’t merely protesting the draft, but encouraging men to evade it.

Why it matters: Schenck v. United States

Set clear and present danger test (no longer used)

New York Times v. United States Background

The publication of the Pentagon Papers would expose the government for lying to the public. Nixon argued against its release on the basis of national security.

Constitutional Principle in New York Times v. United States

Freedom of Speech; does prior restraint violate it?

Decision in New York Times v. United States

For NYT, Nixon’s restraining order unconstitutional since national security was not at risk. Publication of Pentagon Papers allowed.

Why it matters: New York Times v. United States

Set heavy presumption against prior restraint.

McDonald v. Chicago Background

Heller v. District Columbia ruling of strict gun laws right unconstitutional as only federal, McDonald argued for its application to the states.

Constitutional Principle in McDonald v. Chicago

2nd Amendment; Chicago’s gun laws infringed upon this.

McDonald v. Chicago Decision

McDonald, equal protection clause applies 2nd Amendment to the states.

Gideon v. Wainwright (1963)

Florida law only allowed right to counsel on capital cases, leaving Gideon to represent himself..