AP United States Government & Politics Semester Review

Barron v. Baltimore — What did the Supreme Court decide?

Ruled that the Bill of Rights cannot be applied to the states. Occured before selective incorporation of the 14th Amendment.

Gitlow v. New York — Was fundamental in establishing what doctrine?

The government may suppress or punish speech that directly advocates for the unlawful overthrow of the goverment, upholding the state statute at issue. Was fundamental in establishing the Selective Incorporation Doctrine listed under the 14th Amendment.

Symbolic Speech

Nonverbal communication—such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the 1st Amendment.

What did the Supreme Court decide about whether student activity fees at public universities can be used to sponsor groups that some students find objectionable?

In Board of Regents of the University of Wisconsin v. Southworth, the Supreme Court deemed activity fees for diverse groups allowed provided that the funding distribution is viewpoint neutral, even if students find them objectionable.

Establishment Clause

Part of the 1st Amendment stating that “Congress shall make no law respecting an establishment of religion.” Essentially, Congress cannot force citizens of the United States to follow a particular establishment of religion.

Free Exercise Clause

A 1st Amendment provision that prohibits government from interfering with a citizen’s practice of religion.

The Incorporation Doctrine makes protections of the Bill of Rights applicable to the states through which Amendment of the US Constitution?

Selective Incorporation falls under the 14th Amendment as a result of due process.

Slander

The spoken form of defamation—false statements intended to damage a person’s reputation, which is NOT protected under the 1st Amendment.

Libel

The publication of false and malicious statements that damage someone’s reputation.

Federalist

Supporters of the US Constitution at the time the states were contemplating its adoption.

Anti-Federalist

Opponents of the US Constitution at the time when the states were contemplating its adoption.

District of Columbia v. Heller

Private citizens have the right under the 2nd Amendment to possess and ordinary type of weapon and use it for lawful, historically establish situations such as self-defense in a home, even when there is no relationship to a local militia.

Giswold v. Connecticut

On the subject of the 9th Amendment, the state ban on contraceptives is a violation of the right to marital privacy.

Gideon v. Wainwright

The Supreme Court unanimously ruled that state courts are required under the 6th Amendment of the Constitutino to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Marbury v. Madison

Esablished the Supreme Court having the power of Judical Review—to interpret the US Constitution.

How did the Supreme Court’s ruling in Citizens United v. Federal Election Commission affect campaign spending?

The Supreme Court ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures.

What does the Bill of Rights provide citizens of the United States?

Explicitly stated and protected civil liberties—including personal freedoms, defendants rights, privacy, and state powers.

What type of equality do all Americans believe every citizen should have?

Equality of opportunity and equal protection under the law.

What was reconstruction?

The post-Civil War period from 1865 to 1877, during which the United States faced challenges rebuilding the South and integrating formerly enslaved individuals into society. Major legislative efforts arose, including the Reconstruction Amendments: 13th, 14th, and 15th. The emergence of Jim Crow laws undermined its achievements.

Standing Committee

Separate, permanent subject-matter committees in each house of Congress that handle bills in different policy areas. Which committee a bill goes to is determined by its contents.

Conference Committee

Congressional committees formed when the Senate and the House pass a particular bill in different forms. Party leadership appoints members from each house to iron out the difference and bring back a single bill.

Speaker of the House

An office mandated by the US Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed the presidency should that office become vacant.

Filibuster

A strategy unique to the Senate whereby opponents of a piece of legislation use their right to unlimited debate to prevent the Senate from ever voting on a bill, Sixty members present and voting can halt a filibuster.

Cloture

Cloture (also known as Rule XXII) is the sole formal procedure in the US Senate to end a filibuster or limit debate on a bill, forcing a final vote. Requires a supermajority of 3/5ths of all Senators—usually 60 members minimum—to invoke cloture.

How does majority rule create problems within Congress?

Tyranny of the majority can overrule the rights of the minority. When the majority dominates the political landscape, they can sideline minorites and take non-democratic actions. What Madison warned about in Federalist Paper no. 10

Goverment

The institutions through which public policies are made for a society.

Who controls the agenda of the United States government?

Controlled by a combination of the President, Congress, and linkage institutions. The President drives national agenda through “bully pulpit” and executive power, and Congress formally sets its legislative agenda through committee.

Public Goods

Goods/services provided by the government that are bother non-excludable (cannot prevent certain people from using) and non-rivalrous (one person doesn’t diminish another).

Collective Goods

Goods and services, such as clean air and clean water (specifically rain water), that by their nature cannot be denied to anyone.

What is a democracy?

A system of selecting policymakers and of organizing government so that policy represents and responds to the public’s' preferences.

Regents of California v. Bakke and its implications

A 1978 Supreme Court decision holding that a state university could weigh race or ethnic background as one element in admissions but could not set aside places for members of particular racial groups.

Key parts of the 6th Amendment?

The 6th Amendment guarantees a defendant the right to a fair and speedy trial—including the right to an attorney, an impartial local jury, and the ability to confront witnesses.

14th Amendment: Two key provisions

The Constitutional Amendment adopted after the Civil War that declares “no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.”

Freedom of Press

The right of individuals to express opinions and disseminate information through various media without government interference or censorship.

The Equal Pay Act of 1963

To prohibit discrimination on account of gender in the payment of wages by employers engaged in commerce or in the production of goods for commerce.

Federalist Paper no. 10

Written by James Madison. Stated that factions, caused by the unequal distribution of wealth, will always exist; the only thing you can do is control them. Argued for a large republic as they are beneficial by not allowing factions to grow in power and cause problems.

Federalist Paper no. 51

Also written by James Madison, he describes the concept of Checks and Balances. Madison reassures the American people that no branch of government can become too powerful and uncontrolled, and served as a direct response to tyranny.

What is the greatest creator of factions?

The unequal distribution of wealth.

Who officially selects the President of the United States?

The Electoral College—a body of 538 electors established by Article II of the US Constitution.

Why did the British impose taxes on the Colonists?

In response to the damages caused by the French and Indian War on colonial soil, they imposed various taxes to cover the war debt.

Freedom of Assembly

Grants individuals the right to gather peacefully for protests, demonstrations, and association without government interference.

Lemon v. Kurtzman — What are the 3 parts of the lemon test?

The statute must have a secular legislative purpose: “Purpose Prong,” the principal or primary effect of the statute must not advance nor inhibit religion: “Effect Prong,” and the statute must not result in an “excessive government entanglement” with religion: “Entanglement Prong.”

School district of Abington, Pennsylvania v. Schempp — Court ruling and which Amendment?

Public schools cannot sponsor Bible readings and recitations of the Lord’s Prayer under the First Amendment’s Establishment Clause. Similar to Engel v. Vitale.

What has the Supreme Court decided about government displays of the Ten Commandments?

The Supreme Court has ruled that government displays of the Ten Commandments are not inherently unconstitutional, but the legality depends on context and purpose under the Establishment Clause. Displays with a secular historical purpose are permitted, while those promoting religion are banned.

Prior Restraint

Government actions preventing material from being published. Prior Restraint is usually prohibited by the 1st Amendment, as confirmed in Near v. Minnesota.

Probable Cause

The situation in which the police have reasonable grounds to believe that a person should be arrested.

New York Times v. United States

Stated that the New York Times and Washington Post could print the Pentagon Papers without risk of government censorship or punishment. Must have a high burden of proof, but is not an absolute right, even if the way which the Pentagon Papers were received was illegal.

When can the United States government limit free speech, and what Supreme Court Ruling?

Per Schenck v. United States, the US government can limit free speech when it creates a “clear and present danger” of bringing about substantive evils that Congress has the right to prevent, especially during wartime or national crises.

Roth v. United States

A 1957 Supreme Court decision ruling that “obscenity is not within the area of constitutionally protected speech or press.”

Plessy v. Ferguson — key part of the ruling?

An 1896 Supreme Court decision that provided a constitutional justification for segregation by ruling that a Louisiana law requiring “equal but separate accomodations for the white and colored races” was constitutional.

Brown v. Topeka Board of Education

The 1954 Supreme Court decision holding that school segregation was inherently unconstitutional because it violated the 14th Amendment’s guarantee of equal protection. This case marked the end of legal segregation in the United States of America.

According to John Locke, what is the most important function of the government?

The most important function of government is the protection of natural rights: life, liberty, and pursuit of property.

Why did Congress pass the Voting Rights Act of 1965?

Supreme Court passed the Act to help dismantle formal and informal barriers to African American suffrage. Under the law, hundreds of thousands of African Americans were registered, and the number of African American elected officials increased dramatically.

Hernandez v. Texas — expanded the civil liberties of?

A 1954 Supreme Court decision that extended protection against discrimination to Hispanics. Specifically, extended the right of Hispanics to participate in an impartial jury, and stated under the 14th to have equal protection.

Why is it hard to enforce obscenity laws?

Obscenity laws often conflict with 1st Amendment rights to expression and speech, requiring strict legal tests that are subjective and change over time. The Miller v. California test demands that the material be “patently offensive” based on community standards and lack serious, scientific, artistic, political, or literary value."

What are the qualifications to be a member of the House of Representatives?

You must be at least 25 years old, and be a US citizen or naturalized for 7 years.

What are the qualifications to be a member of the Senate?

You must be at least 30 years old, and be a US citizen or naturalized for 9 years.

Which group is most statistically underrepresented in Congress?

Women

Bicameral

A legislature divided into two houses. The US Congress and all state legislatures except Nebraska’s are bicameral.

Unitary

A way of organizing a nation so hat all power resides in the central government. Most national governments today are unitary governments.

Confederal

Relating to a confederation, which is a union of sovereign state that delegate limited, specific powers to a weak central authority, while retaining overall autonomy.

Federalism

A way of organizing a national so that 2 or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government.

Creative Federalism

Refers to he dynamic and collaborative relationship between the federal government and state/local governments in addressing complex societal issues, involving innovative approaches to intergovernmental cooperation and the sharing of resources, responsibilities, and decision-making power across dif

How are Senate Chairs generally chosen?

The majority party’s member with greatest seniority on a committee serves as chair.

Checks and balances

Features of the Constitution that limit goernment’s power by requiring each branch to obtain the consent of the others for its actions, limiting and balancing power among the branches.

President of the Senate is filled by?

The Vice President of the United States

How does pork barrel aid benefit incumbents in Congress?

Allows them to direct federal funds t specific local projects—such as infrastructure, schools, or militairy facilities—strengthening their reelection bids through visible credit-claiming.

What are the Federalist Papers?

A collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay under the name “Publius” to defend the US Constitution in detail during the time which citizens were contemplating its adoption.

Korematsu v. United States — Court ruling on this case?

A 1944 Supreme Court decision that upheld as constitutional the internment of more than 100,000 Americans of Japanese descent in encampments during World War II.

What was the primary objective of the women’s suffrage movement?

To secure the legal right for women to vote in elections, which was inevitably achieved through the ratification of the 19th Amendment. Sought to remove gender restrictions on voting and ensure women gained equal political standing.

Reed v. Reed

The landmark case in 1971 in which the Supreme Court for the first time upheld a claim of gender discrimination.

Title IX — How is it applied to colleges and public schools?

Apart of the education amendments of 1972, it prevents gender-based discrimination in any education program or activity receiving federal financial assistance, including K-12 schools and colleges. Mandates equal opportunity in athletics, academics, and school safety, enforcing protections against sexual harassment and assault.

Lawrence v. Texas — Which group benefited from this ruling?

Benefited LGBTQ+ individuals—specifically lesbian and gay Americans—by striking down state sodomy laws and legalizing private, consensual same-sex intimacy nationwide under the due process clause.

Virginia Plan

The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state’s share of the US population.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of a state’s population.

Connecticut Plan/Great Compromise

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives—where representation is based on a state’s share of the US population; and the Senate, I which each state has 2 representatives.

Political Participation

All the activites used by citizens to influence he selection of political leaders or the policies they pursue. The most common means of political participation in a democracy is voting; other means include protest and civil disobedience.

Enlightened Understanding — Two key parts?

A democratic society must be a “marketplace of ideas,” where citizens have equal opportunities to learn and evaluate political options: free press and free speech, in that citizens must have the right to express their views, debate issues, and voice dissent without government restriction, and that citizens must have access to diverse, uncensored information and news to understand the choices available to them.

Linkage Institutions

The political channels through which people’s concerns become political issues on the policy agenda. In the United States, linkages institutions include elections, political parties, interest groups, and the media.

Pluralism

A theory of American democracy emphasizing that the policymaking process is very open to the participation of all groups with shared interests, with no single group dominating. Pluralists tend to believe that as a result, public interest generally prevails.

Elitism

A theory of American democracy contending that an upper-class elite holds the power and makes policy, regardless of the formal governmental organization.

French and Indian War

The North American Seven Years’ War, resulting in Britain’s victory over France. The massive cost of the war led Parliament to end Salutary neglect—the policy of not strictly enforcing trade laws—in order to raise revenue. Led the colonists to revolt against Britain.

Stamp Act

A British tax requiring American colonists to pay for a stamp on paper goods, documents, and cards. It caused outrage as it was taxation without representation, serving as a pivotal event for organiszing intercolonial resistance and accelerating movement toward the American Revolution.

Shay’s Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

What are natural rights?

Rights inherent in human beings, not dependent on governements, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke’s theories about government and was widely accepted among America’s founders.

What is the concept of Liberty?

The fundamental right of individuals to act, speak, and think freely without unreasonable, arbitrary interference or oppressive restrictions from the government so long as they do not restrict or take away another individual’s liberty.

What was a common characteristic between the Articles of Confederation and the Constitution?

The existence of a Legislative Branch; however, the Articles of Confederation had a unicameral legislature, and the Constitution had a bicameral legislature.

Casework

Activites of members of Congress that help constituents as individuals, particularly by cutting through bureaucratic red tape to get people what they think they have a right to get.