AP Government Important Documents

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73 Terms

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Declaration of Independence

Signed in 1776 by US revolutionaries; it declared the United States as a free state.

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Articles of Confederation

Weak constitutional agreement ratified after the creation of the united states.

-Unicameral
-No national military
-Could not collect taxes
-No national currency
-State governments were more powerful
-Not all states represented equally
-9 of 13 states had to agree to pass laws

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The Constitution of the United States

A stronger constitution formed after the articles of confederation

-Bicameral (house and senate)
-Three branches (legislative, executive, and judicial)
-5 Articles
-Bill of Rights
-Republicanism
-Checks and Balances
-Limited Federalism
-Popular Sovereignty
-Necessary and Proper Clause
-Supremacy Clause
-Due Process

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Bill of Rights

First 10 amendments to the Constitution

-1st: 5 freedoms
-2nd: Right to bear arms
-3rd: No quartering of troops
-4th: No search without a warrant
-5th: Right to remain silent and be deprived of liberty
-6th: Right to speedy trial
-7th: Right to trial by jury
-8th: No cruel or unusual punishments or excessive bail
-9th: Rights to the people (implied rights)
-10th: Rights to the states

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Article I

Establishes the Legislative Branch and the two chambers

Details:
-2 senators per state
-Members of the house must be 25 years old, a citizen for 7 years, and resident of the state
-Senators must be 35 years old, citizens for 14 years, and resident of the state
-President of senate = vice president
-When vice president is missing, President Pro Tempore serves
-Presidential Powers
-Limitations of the government
-The house proposes bills for revenue
-10 days for a president to veto

For impeachment…
…The House brings the charges
…The Senate tries and convicts

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Article II

Establishes the Executive Branch

-Term length of 4 years for president
-President is commander in chief, grant pardons and reprieves, make treaties, and nominates ambassadors and federal judges
-President must be 25 years old, natural born citizen, resident for 14 years
-Senate approves all treaties
-President may be impeached on treason, bribery, or other high crimes

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Article III

Establishes the Judicial Branch

-Court judges serve for life under good behavior
-Supreme Courts have original jurisdiction in all cases affecting ambassadors, public ministers, and consuls, and those in which a state shall be involved.
-Impeachment cases are not held by Jury

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Article IV

Interstate Relations

-States bound together by Full Faith and Credit Clause
-States bound together by Privileges and Immunities Clause
-States bound together by Extradition
-New states may be added to the union but may not be formed out of existing states without permission.

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Article V

Amending the Constitution

-2/3rds of Congress must propose an amendment
-3/4ths of the states need to ratify an amendment

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Article VI

Supremacy Clause

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Article VII

9 states are required to ratify the constitution

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First Amendment

5 freedoms: speech, press, religion, assembly, petition

Establishment Clause (No establishing a primary religion)
Free Exercise Clause (One may exercise what they want)

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Second Amendment

Right to bear arms

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Third Amendment

No quartering soldiers

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Fourth Amendment

Protects against unreasonable search and seizure without a warrant

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Fifth Amendment

Rights of people accused of crimes, such as double jeopardy, self-incrimination, and grand jury.
"Right to remain silent"

Due Process Clause

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Sixth Amendment

Right to a speedy and public trial, rights to be informed of charges, and right to an attorney.

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Seventh Amendment

Right to a trial by jury in civil cases

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Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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Ninth Amendment

People's rights are not limited to those listed in the Constitution.
Implied Rights.

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Tenth 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.

State-National government discernment.

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Federalist 10 (Madison)

Factions are bad; large republic good

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Federalist 51 (Madison)

Separation of powers, checks and balances

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Federalist 70 (Hamilton)

Plural executives bad; single president good

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Federalist 78 (Hamilton)

Judicial branch is not too powerful; in fact it is very very very good and balances the other 2 branches.
"it is not the purse nor the sword"

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Brutus 1

Before the constitution was ratified; too much power in national government; won't be able to survive bc it's too big

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Federalist 39 (Madison)

Federalism; national AND state power

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Eleventh Amendment

When states sue other states, it automatically goes before the Supreme Court. Residents of one state cannot sue another state. Another country can't sue the US and vice verse.

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Twelfth Amendment

Creates a ticket for the presidency where the president and VP are elected together but voted seperately.

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Thirteenth Amendment

Abolition of slavery

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Fourteenth Amendment

No state shall breach the privileges of United States citizens

-Equal Protections clause
-Due Process Clause
-Citizenship Clause

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Fifteenth Amendment

All men can vote regardless of color

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Sixteenth Amendment

Income Tax

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Seventeenth Amendment

Direction election of senators

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Eighteenth Amendment

Prohibition

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Nineteenth Amendment

Women can vote :)

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Twentieth Amendment

Shortens the lame duck period by moving the presidential inauguration from March to January.

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Twenty-First Amendment

Repeal of Prohibition

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Twenty-Second Amendment

President can only serve two terms.

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Twenty-Third Amendment

Washington DC is not a state, but gets 3 electoral votes.

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Twenty-Fourth Amendment

Prohibits poll tax in federal elections

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Twenty-Fifth Amendment

Vice President can fill-in for the president under certain circumstances

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Twenty-Sixth Amendment

Lowers the voting age to 18

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Twenty-Seventh Amendment

Congressional pay may lower or higher

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McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law.

-Used the "Necessary and Proper Clause"
-Strengthened Federal Govt

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Lopez v. United States

The Supreme Court struck down a law allowing guns in school zones

-Used the "Commerce Clause"
-Weakened Federal Govt
-Government may only regulate interstate commerce.

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Baker v. Carr

Gerrymandering is bad

-Used the "Equal protection" clause under the 14th amendment
-Established one person, one vote
-Limited Federal Govt.
-Allowed courts to assess redistricting

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Shaw v. Reno

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

-Used "Equal Protection" clause under the 14th amendment
-Legislature may not use race in order to gerrymander

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Schenk v. United States

People denied and burnt draft cards

-Established the "Clear and Present Danger Test"
-Strengthened Federal Govt
-Govt may silence people if free speech incites danger

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Wisconsin v. Yoder

Amish do not have to attend school after 8th grade - right to freedom of religion

-Used the "Establishment" and "Free Exercise" clause
-Education isn't mandated on the basis of religion

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New York Times v. Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

-Used free speech of the 1st Amendment
-All speech and statement can be protected under the 1st amendment

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New York Times v. United States

If the government wishes to censor information before it is printed or published, it must be proven in court that the information will endanger national security.

-Abolished Prior Restraint
-Used Freedom to press under 1st Amendment
-Weakened Federal Govt

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Citizens United v. FEC

corporate funding of independent political broadcasts can't be limited

-Used First Amendment freedom to speech
-Weakened federal govt

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Marbury v. Madison

Marbury's commission was never delivered, he begged courts to get madison to deliver the damn commission.

-Established judicial review
-(Supreme Court has the final say in the law)

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Miranda v. Arizona

The accused must be notified of their rights before being questioned by the police

-5th Amendment

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Engel v. Vitale

banned formal prayer in schools, goverment whould not make any religion the 'official' religion.

-1st Amendment

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Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government. State governments MUST provide attorney; increases federalism.

-6th?/5th Amendment

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Tinker v. Des Moines

Students have the right to symbolic speech at school as long as it is not disruptive

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Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

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Plessy v. Ferguson

Separate but equal

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Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

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The Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

House of Representatives
(Adjusted every 10 years via census)
Supported by Anti-Federalists

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The New Jersey Plan

A constitutional proposal that would have given each state one vote in a new congress

Senate
Supported by Anti-Federalists

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Three-Fifths Compromise

Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment)

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Great Compromise

agreement providing a dual system of congressional representation

Bicameral Relationship

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Full Faith and Credit Clause (Article IV)

States are required to recognize the laws and legal documents of other states. Extradition (When criminals run away from their state)

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Commerce Clause (Article 1)

Congress can regulate trade between nations, between states, and among Indian tribes.

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Privileges and Immunities Clause

Prevents a state from treating citizens of other states in a discriminatory manner.

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Buckley v. Valeo

Believed limiting funding for campaigns limited free speech, candidates may now use as much of their own money as they'd like.

-First Amendment

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Bipartisan Campaign Reform Act

Largely banned party soft money, restored a long-standing prohibition on corporations and labor unions for using general treasury funds for electoral purposes, and narrowed the definition of issue advocacy.

-Has been overturned

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Litmus Test

An examination of the political ideology of a nominated judge

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Lemon v. Kurtzman

Three tests are described for deciding whether the government is improperly involved with religion

Established Lemon Test
-First Amendment

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Writ of Certiorari

A formal writ used to bring a case before the Supreme Court.