Final AP gov test review

all terms and info for ap gov test

natural rights

people are born with certain rights that are given to them by their creator; can’t be taken away by anyone or even gov

popular sovereignty

by nature, the power to govern is in the hands of the people

republicanism

people elect leaders to represent them and create laws in the public interest

social contract

people’s duty is to overthrow gov when it becomes bad. To protect their natural rights, people willingly give over some of their rights to a gov.

participatory democracy

emphasizes broad participation in politics and civil society. Shows up more in local politics (town hall meetings). This includes initiative (measure on ballot that people want passed into law) and referendum (when people oppose a law passed by their legislation)

Pluralist democracy

describes group-based activism by non gov interests which work to impact political decision making (interest groups). Each state can be represented as a different group in the US.

Elite Democracy

Emphasizes limited participation by a few well-educated and informed states people who are qualified to direct the nation through law-making on behalf of the people. Ex: electing Supreme Court judges and the electoral college.

federalism

the sharing of power between national and state govs

checks and balances

Each branch has the power to check the other branch’s power (legislative branch can impeach the president and check the executive branch)

Separation of Powers

No one branch of gov holds all power. We have 3 branches so power is not in one person or group’s power.

Limited Government

a gov that is subject to strict limits on its lawful uses of power and hence on its ability to deprive people of their ability.

faction

a number of citizens united by a common interest opposing the rights of other citizens or sided with the interests of their community

Federalist 10

An argumentative piece written by James Madison for the ratification of the Constitution. It argues that factions can overpower the rights of others in the US and the best way to get rid of this power is with a republican gov (like in the constitution). As more people are added to the nation more factions will form and thus power will be diluted and electors can represent each factions’ views. Factions can not be eliminated as they come from liberty and the opinions of people and that can not be limited at all.

Brutus 1

An Anti-federalist argument that emphasized the benefits of a small decentralized republic while warning of the dangers to personal liberty from a large, centralized gov. Thought central gov would become too powerful and eliminate state Govs, overriding what people wanted. Also worried how states would collect taxes if fed gov also did (state Govs would die). It also said that representatives can’t listen to everyone so the Constitution should not be be ratified.

Articles of Confederation

The first body of gov for the United States. It was only one branch and to amend it all states needed to agree. The fed gov could not tax and state Govs had much more power. They had no official army.

Shay’s rebellion

A rebellion that was caused by farmers not being paid their wages after the war and it showcased the weaknesses of the Articles of confederation as they were not able to raise an army or militia to counteract this rebellion.

Great Compromise

Also known as the Connecticut Compromise. One of the compromises to ratify the constitution. It combined the NJ and Virginia plan and created a bicameral legislature. The House of Representatives would be based off of population while the senate would be just 2 to each state.

Electoral College

each state is given the same # of electors as they have representatives in congress. These electors put the president in office, not the people, as the founding fathers thought the people would be too uneducated to choose a president.

Three fifths compromise

A compromise added to ratify the constitution. It would count 3/5 of all enslaved people for purposes of taxation and representation. They also said that the slave proud would not be touched for another 20 years and then it would be abolished.

Concurrent powers

Powers held jointly by national and state governments

Enumerated Powers

Powers explicitly given to the federal gov (taxation, coining money, raise an army, make treaties), article 1 section 8

Implied Powers

Powers inferred from the specific powers in the US Constitution (national bank, since they are given the specific power to coin money, regulate telecommunications and highway systems). This is necessary for the fed gov to carry out its enumerated powers. Article 1 section 8

Reserved Powers

All powers kept by the states (10th amendment). Ex: regulation of trade within a state

Full faith and credit clause

article 4: each state must respect the other’s laws (same sex marriage or drivers license respected in each state)

Privileges and Immunities clause

article 4 section 2: citizens of each state shall be entitled to all privileges and immunities of citizens in several states. Protects fundamental rights of individual citizens and restricts states efforts to discriminate based on state of origin for the citizen.

extradition

legal process whereby an alleged criminal offender is surrendered by the officials of one’s state to officials of the state in which the crime is alleged to have been committed.

federalist 51

a federalist argument by James Madison that argued for the ratification of the constitution. He talked about the separation of powers and checks and balances and how they are able to control the abuses of one branch. Each branch works independently of the others but also has the necessary checking powers to keep the others in their lane. It also said factions are like branches, more is good.

Congressional amendment process

1. Congress proposes an amendment (2/3) vote
2. Proposed amendment is ratified by 3//4 of states by state legislatures
3. official amendment

state amendment process

1. special state conventions propose an amendment (2/3 vote needed)
2. proposed amendment accepted by 3/4 of states through state ratifying conventions
3. official amendment

Fiscal Federalism

federalism via dollars, using money to control states

grants in aid

money given to states and local Govs designed for very specific projects

categorical grants

gives federal money to states as long as they comply with specific federal standards

block grants

gives federal money to be spent in a broad category and states determine exactly how money is spent within those boundaries

mandates

fed gov requires states to follow federal directions and gives money towards the carrying out of the ________, An unfunded type of this is where the fed gov gives this and provides no funds to help states comply.

dual federalism

layer cake federalism: power divided between state and fed gov in clearly defined terms, no interference. c

cooperative federalism

marble-cake federalism: a flexible relationship between federal and state Govs, no defined limits, both work together on issues, there is interference.

Commerce clause

congress has authority to regulate commerce with foreign nations and among several states and with Indian tribes.

Necessary and proper clause

also caused elastic clause: to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by constitution.

McCulloch v. Maryland

a court case where the fed gov established a bank in Maryland and Maryland tried to tax it. The fed gov used the necessary and proper clause to say that the bank was necessary and constitutional. Expanded power of the fed gov as it said that national laws trump state laws

United States v. Lopez

A court case in which Lopez carried a gun to school and violated the federal fun free school zones act. The fed gov connected the law to the commerce clause. This connection was weak and deemed an unconstitutional federal overreach. This expanded power for the states as it said that fed gov can’t use commerce clause for use anything.

Supplemental nutrition assistance program

food and nutrition service that works with state agencies nutrition educators and neighborhood and faith-based organizations to offer nutrition assistance to millions of eligible, low-income individuals and families and provides economics benefits to communities.

national voter registration act

enacted to expedite the registration process and make it as simple as possible for voters. Allowed citizens to register to vote when signing up for drivers license and social security benefits.

clean air act

authorized development of comprehensive federal and state regulations to limit emissions from both industrial and mobile sources in order to control air pollution.

Americans with Disabilities Act

Requires employers and public facilities to make reasonable accommodations for the disabled and prohibits discrimination against the disabled in employment

Brady bill

1993 handgun violence prevention act: established a 5 day waiting period for handgun purchases and sales of them and required a criminal background check on the lawyer.

No child left behind act

US law enacted in 2000 intended to increase accountability in education by requiring states to qualify for federal educational funding by administering standardized testing to measure school achievement.

inherent powers

preamble of constitution: fed gov protects us from foreign and domestic enemies

prohibited powers

article 1 section 9: things fed gov can’t do - tax exports, suspend writ of habeas corpus

devolution

transferring power from the federal gov back to the states

informal ways to amend the constitution

another type of way to amend the constitution: tech advancements, social cultural changes, change in political practices, judicial review

Civil Liberties

gives citizens the freedom “to do something” (freedom to speak or practice religion)

Civil Rights

gives the citizens the freedom “from something” (discrimination against a certain race, sex, age, religion)

Bill of Rights and 14th amendment

this document and amendment protect individuals by limiting what the gov can and cannot do. The document was made out of worry of abuse by the government like the British King had done before. The 1st 8 amendments of the document are so that government can’t oppress us like the king (most have been selectively incorporated to the states as well).

1st amendment

an amendment that protects speech, religion, assembly, petition, and press of citizens. establishment clause: protects gov from religion and prevents the establishment of an official government-sponsored religion, prevents government actions that preference one religion over another or over non-belieffree exercise clause: reserves rights of individuals to accept any religious belief and engage in religious rituals. includes right to break laws on religious grounds for discrete reasons.free speech is not protected when it is defamatory, offensive or using fighting words, obscene, has a “clear and present danger”, is speech by gov workers, speech that disrupts daily life.a free press protects minority groups and protects the majority from a self-interested congress. It is the foundation of a participatory democracy

2nd amendment

an amendment that gives citizens the right to bear arms and allows for the nation to have a well-regulated militia (volunteer citizens that use their own weapons and are partly trained) at all times.

3rd amendment

an amendment which protects citizens from troops quartering in their homes during peacetime (only can be done during wartime as prescribed by law)

4th amendment

an amendment that protects citizens from unreasonable search and seizure. If something is illegally obtained it can not be used for evidence.

5th amendment

an amendment that protects citizens from self-incrimination, double jeopardy, and allows for due process of law

7th amendment

an amendment that gives citizens a speedy, public trial by jury In civil cases

8th amendment

an amendment that protects citizens from cruel and unusual punishment (no excessive bail or fines either). Death penalty is not necessarily cruel and unusual according to SCOTUS, depends on nature of crime and the person.

9th amendment

an amendment that gives unenumerated rights to the people. Means that there are more rights to the people than listed in the bill of rights (people can have a dog or get a phone)

10th amendment

an amendment that protects state’s rights (anything not denied to the states or given to the federal government, goes to the states).

14th amendment

an amendment that allows for citizens to be all people who were born in the US or naturalized and provides them with equal protection, has these clauses (one of the civil war amendments): privileges and immunities clause: can’t deprive individuals of the privileges and immunities of citizenshipdue process: can’t deny citizens due process of lawincorporation: how to apply the bill of rights to the states as states are restricted by the bill of rights.

selective incorporation

this is how the bill of rights is applied on an amendment-by amendment or case-by-case basis. applies the bill of rights to the states and holds them to the same limits as the federal government. applies the provisions of the Bill of Rights (which are the first ten amendments to the U.S. Constitution) to the states through the Due Process Clause of the Fourteenth Amendment.

DC vs. Heller 2008

A court case in which DC passed a code that made it illegal to carry an unregistered firearm and also prohibited registration of handguns. Heller was a police officer who was authorized to carry a gun on duty and had it unassembled and unloaded off duty. e applied for a 1 year license to keep it at home and was denied and sued DC for violating his 2nd A right. In conclusion the ban on handguns was deemed a violation of the 2nd A as it guarantees your right to protect yourself and your home.

McDonald vs. Chicago 2010

A court case in which a lawsuit was filed against Chicago for their gun bans. The decision in the Heller case also applied here and to the states due to the due process and privileges and immunities clause in the 14th A. This incorporated the 2nd A, making it apply to states as well.

Gideon vs. Wainright 1963

a court case in which SCOTUS incorporated the right to counsel via the 6th A through the due process clause of the 14th A.

Miranda rule

suspect in custody is informed of their 5th and 6th amendment rights

public safety exception

an exception to the miranda rule: if a question is asked to defuse a potentially dangerous situation and the suspect answers voluntarily, evidence can be used if it was collected pre-miranda

Pretrial rights of accused

right to counsel per 6th amendmentprotected from warrantless searches and seizures of cell phone data per 4th amendmentlimitations placed on obtaining bulk data from telecommunications companies

exclusionary rule

“motion to suppress” Illegally obtained evidence can’t be used at trial. (Unless police thought they collected it legally and if courts think that the evidence would have been found legally eventually, then the evidence can stand)

Engel v. Vitale 1962

Court case in which SCOTUS ruled that public schools can’t hold prayer even if it is voluntary and non-denominational (due to establishment clause).

Wisconsin v. Yoder 1972

Court case in which SCOTUS ruled that compelling amish families to send children to school violated their free exercise clause.

Tinker v. Des Moines 1969

Court case in which SCOTUS ruled that students have free speech and symbolic speech is also pure speech. They said that schools can only limit speech if it interferes with safe operation of school.

Schenk v. US 1919

Court case in which SCOTUS ruled that speech can be limited by gov if it presents a “clear and present” danger to the safety and security of the US.

NY Times v. US 1971

Court case in which SCOTUS ruled that The NY Times could publish the Pentagon Papers because of the first amendment protecting the freedom of press. There is a heavy presumption against prior restraint (gov ability to stop publicati

House of Representatives and Senate

Congress is divided into which two houses?

House of representatives

435 members with each 2 year terms and are voted on, apportioned according to population and represent districts in states. Members are more specialized, this is more formal and has more rules. They are closer to the issues that people care about and there are less bipartisan coalitions.

Senate

100 members with each 6 year terms, 2 to a state. They are less formal and fewer rules, generalist members. They emphasize foreign policy and have no rules committee. They have more responsibilities a are less connected to the people they represent.

Powers of the House of Representatives

Initiate revenue bills (taxes and tax policy), sole power to impeach a president or judge or federal officers, have a house rules committee (sets rules for debates and votes), Have discharge committee (forces a bill out of committee for a floor vote), committee of whole (when they act as 1 committee, can do procedural moves that releases rules for debate so amendments can be debated quicker), speaker of the house is the most powerful (chosen by the house - article 1 section 2), can choose other officers, can determine the rules of its proceedings, punish its members for disorderly behavior, and expel a member with 2/3 vote (article 1 section 5), select president if no candidate wins the electoral college

Powers of the Senate

Confirm judge nominations, hold impeachment trials and vote for removal, can filibuster or delay a vote, cloture is how to end a filibuster and 60 votes are required, can hold a bill (individual senator delays a vote), can have a unanimous consent agreement (vote unanimously to speed up legislation), can choose their own officers and president protempore (article 1 section 3), can determine the rules of its proceedings, punish its members for disorderly behavior, and expel a member with 2/3 vote.

President protempore

steps in when the VP can’t be there for the senate

Vice President

president of the senate and most powerful in senate

Standing Committee

1 permanent committee in congress where bills go first (most die here) and they are edited, revised, and marked up. They hold hearings and conduct oversight. Is a permanent committee and has multiple standing committees. Has overlapping jurisdiction to afford more control to party leadership to move must-pass legislation (examples: agriculture, judiciary, foreign affairs)

Committee chairperson

in congress, the majority party controls it.

Congress powers

pass tax, budget, and appropriations bills, declare war, write laws, and have the power of the purse

Judicial powers

interpret laws, have the power of judicial review, can override lower or state courts with decisions

Executive powers

can make treaties with foreign governments, grant pardons, make executive orders/actions, is the commander in chief.

checks of the congress

Judicial Checks: can propose constitutional amendments, change jurisdiction of lower courts, impeach judges, modify impact of SCOTUS decisions (rewrite laws), cut or increase funding to impact policy, conduct oversight hearings, use fiscal federalism to encourage states to carry out action at their level. Executive checks: override veto with 2/3 vote, impeach president, ignore presidential suggestions on laws

checks of the executive

Veto laws (on congress) nominate justices, refuse to enforce the decision or direct bureaucratic agencies to refuse to enforce, issue a narrowly tailored executive order to address court’s decisions (on judiciary)

checks of the judiciary

declare executive orders/actions unconstitutional (executive) and declare laws unconstitutional (congress)

Public Policy

comes from the preamble, when the gov is in action to address a perceived issue and what they do about it

Political Agenda

issues that attract the serious attention of public officials and other people actively involved in politics at the time: set by those elected to positions of power, determines what issues are prioritized or ignored, policy decisions will fragment (overlapping jurisdiction from branches, from committees, from bureaucratic agencies, conflict at fed/state/local levels)

Policy Making groups

policymaking institutions (courts make a ruling, congress passes a law, executive can make an order, bureaucracy can write guidelines on how rules should be followed) and linkage institutions (connect citizens to gov: media, political parties, elections, interest groups, the “people”)

Policy making process

agenda setting: what is the problem policy formulation: create a solution policy adoption: petition, march at city hall, write letters, contact media, etc, gov selects public policies Policy implementation: someone has to do something Policy assessment/evaluation: is the problem solved? who won and how lost? did we do enough? did we create more problems?

trustee

legislator who acts according to his/her conscience and broad interests of entire society. Usually used in senate.

substantive representation

when a member of congress represents constituents’ interests or policy concerns

delegate

official who is expected to represent views of his/her constituents even when personally holding different views; our interpretation of the role of a legislator. Usually used in House of Representatives

politico

an elected representative who acts as a trustee, delegate, or partisan depending on the issue, tries to balance this

descriptive representation

belief that constituents are most effectively represented by legislators who are similar to them in demographic like race, ethnicity, religion, gender