Final LTC Brown AP Govt. Study

James Carroll’s op-ed “What We Love About America”

America will never be truly finished; Imperfect new.

Hobbes

Wrote Leviathan, believed humans are evil in nature, and supported monarchy.

Locke

Wrote “Second Treatise on CIvil Government”, believed Natural rights should be protected by the Government, and if they aren’t that citizens have a right to overthrow them.

Montesquieu

Wrote “The Spirit of the Laws” and believed in three separated powers

Rousseau

Wrote “The Social Contract” and believed that a good government was freely formed with the people’s consent.

Comparisons between the DOI and the Constitution

Declaration- Right to Revolt, Against a king, Natural RIghts

Constitution-Popular sovereignty, bans monarchy and limits Govt, Bill of Rights

Structure of the US Constitution

Preamble-Outlines the purposes

Articles-  Rules about powers

Article 1- Legislative branch

Article 2- Executive branch

Article 3- Judicial 

Article 4- Full Faith and Effort (Relations of states)

Article 5- Amendment process (Proposed ⅔, ratified ¾)

Article 6- Supremacy Clause

Article 7- Method of Ratification (9/13)

Amendments- Changes in the Constitution

Thematic Breakdown of Amendments (Bill of Rights, Protection of Accused, Extends the federal govt, Civil War, Prohibition, and Suffrage.

Bill of Rights: first 10 basic freedoms

Protect the accused: 4th, 5th, 6th, and 8th Amendments

Extent of federal government power: 11th and 16th Amendments

Federal elections and terms: 12th, 17th, 20th, 22nd, and 25th Amendments

Reconstruction/Civil War: 13th, 14th, 15th Amendments

Prohibition: 18th and 21st Amendments

Suffrage: 15th, 19th, 23rd, 24th, and 26th Amendments

Eminint Domain

The government can take private property and use it for public use; they need to compensate the owner of the private property. 5th amendment

Double jeopardy

being charged twice for the same crime

Virginia Plan

Bigger states get more representation in both houses.

New Jersey Plan

Each state gets one vote no matter the population.

Great Comprimise

determined that there would be two houses in the legislative branch, that there would be proportional representation in one house, and that there would be equal representation in the other house

Three-Fifths Compromise

Slaves were counted as ⅗ of a person.

Federalist v. Anti-Federalist positions

Federalist v. Anti-Federalist positions- Federalists were for the constitution and believed in it and Anti-federalists did not, and only ratified it once they knew a bill of rights would be added.

Achievements/failures of the Founding Fathers argued by Joseph J. Ellis

Achievements were creating the first large scale republic, the first modern nation state, creating political parties, winning colonial independence, and separating church and state. Failures were not creating a real agreement between natives, and not banning and ending slavery.

Federalist 10

Written by Madison. About the dangers of factions and how a large scale republic would allow for diversity and the factions to outweigh each other.

Federalist 51

Written by Madison about separation of powers and how no faction could take over and how it was more efficient.

Federalist 70

 Written by Hamilton about why we needed a single president to be effective and responsible in the executive branch.

Federalist 78

About the judicial branch by Hamilton. Said judicial judges need to have a life term to keep a impartical court. The judicial branch was the weakest branch.

Brutus No. 1

Said the national government would be too powerful and was worried about the necessary and proper clause. Said the power of the people would never be given back.

Free exercise clause

In the first amendment. Congress can’t make laws that don’t allow people to practice religion.

Articles of Confederation

,,,was the original agreement between the states. The states were very independent and the federal government had no power to tax and weakness overall. The states started to separate and there was a lot of disagreement.

Constitutional Convention

Summer 1787. States came together to find a way to fix the Articles of Confederation. Many states didn’t show up and a new constitution wasn’t supposed to be made. They ended up working on it and some people didn’t like the constitution. Rhode Island boycotted it. Jefferson and John Adams and others weren’t there. 39 people signed.

Full Faith and Credit Clause

A state must recognize other states' decisions and records. (Art4.Sect1)

Privileges and Immunities Clause

A state can’t unreasonably discriminate against citizens of other states. (Art4.Sect2)

Reserved Power Clause

Any power not given to the national government or denied to the states, is a power of the states. (10th Amendment)

Search and Seizure Clause

Protection against unreasonable search and seizure. (4th Amendment)

Supremacy Clause

Article 6, Clause - Federal law is over state law.

Taking Clause (Eminent Domain)

5th Amendment - Government can take private property for public use, but must give fair compensation to the property owner.

Federalism

The constitution being the ultimate law of the land, with the federal government next, then state, then local government.

Fundamental Principles of the Constitution

Popular sovereignty (the people rule), republicanism (people exercising their power through voting for officials), federalism (division of power between national and state), separation of powers (three branches), checks and balances (to have no power overtake other branches), limited government (rule of law), and individual rights (Bill of Rights).

Marbury v. Madison

established judicial review

implied powers

powers that aren’t explicitly mentioned in the constitution, but are implied and therefore given.

reserved powers

powers that are kept for the states and not for the federal government. Ex: regulate trade in the state, conduct elections, and establish local governments.

concurrent powers

Powers for both types of gov. Include collecting taxes and enforcing laws.

Libel

printed lies about someone that damaged their reputation.

Gordon Wood’s “The Intellectual Origins”

The constitution emerged from enlightenment thinking inspired by many philosophers. The foundational values of the constitution continue to live on. A good republic could last if it was held together by the people. American liberty was inspired by the English.

Slander

vocalized lies about something.

search warrant

a court order allowing police to search a suspect’s property and seize evidence. Protects from unjustified searches.

Indictment

formal charge by a grand jury

due process clause

14th amendment. State governments must be fair when they deny a person of life, liberty, or property.

equal protection clause

14th amendment. States cant unreasonably discriminate against individuals. They must treat people equally.

Suffrage

the right to vote

Three reasons why we limit civil liberties?

To protect the rights of the community, to balance the rights of individuals, to protect public safety.

checks and balances

branches of government have powers over each other so they are independent but have overlaps. Ex: The President can veto laws, the judicial branch can declare a law unconstitutional, and congress can override presidential veto.

Impeachment

the process by which a legislative body brings charges against a public official in an attempt to remove them from office because of a crime they committed. In the Federal government, the House of Representatives is responsible for bringing charges against an official and the Senate is responsible for carrying out the trial

Brown v. Board of Education of Topeka, Kansas

1954. Ruled that separating children of public schools by race was unconstitutional. Said that the separation was a violation of the 14th amendment. This was controversial at the time because segregationists said the judicial branch was basically writing a new law. Declared the end of legal segregation in education.

nonviolent resistance

peaceful protest against unfair laws.

Jim Crow laws

Southern segregation laws. Made African Americans attend different schools, sit at the back of buses, swim in different schools, and live in different places.

black codes

laws made after the Civil War that kept African Americans from holding certain jobs, gave them few property rights, and limited their rights in other ways

Civil Rights Act

This law banned segregation in public places. It also outlawed discrimination in job hiring. 1964. It also outlawed discrimination against gender, religion and nationality. This helped in many groups fight for equal rights and fair treatment.

Voting Rights Act

It ensured that no citizen could be denied the right to vote. 1965.

Tinker v. Des Moines

In 1965 John and Mary Beth Tinker were attending their public high school, wearing arm bands with peace signs on them in protest of the Vietnam War. They were suspended. It was brought to the Supreme Court and the question was if arm bands were a form of free speech and therefore protected under the first amendment. In a 7 to 2 vote it was decided that wearing armbands was protected under the first amendment, and Justice Abe Fortas wrote that students shouldn’t have to give up their rights at the school gate. People have different opinions and the case is very controversial. In cases since, students first amendment rights have been restricted while on school grounds.