AP Gov Unit 1 Study

Article I, Section 9, Clause 2 (Habeas Corpus)

Protects the privilege of the writ of habeas corpus from being suspended by the federal government, unless required for public safety during rebellion or public invasion.

Article I, Section 9 (Limits on Congress)

Congress could not prohibit the importation of enslaved persons before 1808, and all states must be treated uniformly regarding commerce and taxation.

Article I, Section 10 (Powers Denied to States)

Prohibits states from entering into foreign treaties, coining money, or impairing contracts; outlines the constitutional boundary between state and federal authority.

Article V (Constitutional Amendment Process)

Requires a 2/3 vote in both houses to propose and approval by 3/4 of states to ratify; no state can lose its equal representation in the Senate without its consent; illustrates federalism because states control ratification.

Due Process Clause (3 Main Components)

1. Procedural Due Process (fair procedure before taking life, liberty, or property), 2. Substantive Rights (courts protect fundamental rights, not states), 3. Selective Incorporation (applies the Bill of Rights to state governments).

Due Process Evolution (Key Supreme Court Idea)

Due process did not originally give the federal government power over states; the Supreme Court interpreted and granted those powers over time, allowing the federal government to rule in some areas while states rule in others.

Article VI, Clause 2 (Supremacy Clause)

Establishes that the U.S. Constitution and federal laws are the supreme law of the land; fixed weaknesses of the Articles of Confederation by creating a clear legal hierarchy over state and local laws.

Article I, Section 8, Clause 18 (Necessary and Proper Clause)

Grants Congress implied powers to execute its enumerated responsibilities (e.g., collecting taxes, coining money, organizing militias).

Article I, Section 8, Clause 3 (Commerce Clause)

Gives Congress the power to regulate commerce with foreign nations and among states; historically used to shift regulatory power from individual states to the federal government.

Article IV, Section 1 (Full Faith and Credit Clause)

Mandates that states respect and enforce the legal documents, public acts, records, and judicial fines/proceedings of other states.

Article IV, Section 2 (Privileges and Immunities Clause)

Guarantees that citizens of each state are entitled to all fundamental privileges and immunities across state borders; prevents discrimination against out-of-state citizens.

Article IV, Section 2 (Extradition Clause)

Requires that a person accused of a crime who flees to another state must be returned to the state where the crime was committed.

Article IV, Section 2 (Fugitive Slave Clause)

Historical constitutional clause requiring the return of escaped enslaved persons; later abolished by the 13th Amendment.

Article IV Connection to Federalism

Demonstrates that while individual states hold sovereign power, they are constitutionally bound to cooperate with each other.

14th Amendment, Section 1 (Citizen Rights)

Prohibits states from taking away citizen rights without due process; establishes that state governments have no power to override constitutional rights.

10th Amendment (Reserved Powers)

Constitutional provision in the Bill of Rights stating that powers not delegated to the federal government are reserved to the states or to the people.

9th Amendment (Unenumerated Rights)

Protects rights not explicitly listed in the Constitution, reserving them directly to the people.

Article I, Section 1 & Section 3 (Bicameralism & Senate)

Establishes a bicameral legislature; the Senate consists of 2 members per state, serving 6-year terms (minimum age 30) to provide equal representation for smaller states.

Congressional Delegation of Authority

Principles governing how abilities and powers can be delegated with the permission of Congress.

Enumerated / Expressed / Exclusive Powers

Specific powers explicitly granted to the federal government in the Constitution, such as coining money and regulating interstate commerce.

Implied Powers

Political and legal authorities granted to the U.S. government that are not explicitly written down in the text, such as creating the IRS or instituting a military draft.

Concurrent Powers

Political powers and responsibilities shared simultaneously by both the federal and state governments, such as levying taxes and borrowing money.

Reserved Powers

Powers not granted to the federal government that are reserved to the states, such as managing public education and conducting elections.

Dual Federalism

System of governance where federal and state governments operate with distinct, non-overlapping authorities ("layer cake").

Cooperative Federalism

System of governance where federal and state governments share power, responsibilities, and work together ("marble cake").

General Revenue Sharing (GRS)

Federal program where the national government shares tax revenues with subnational governments without restrictions or strings attached.

Block Grants

Federal funds distributed to states for a broad objective, offering states discretion; examples include CDBG and Social Services Block Grants.

Categorical Grants

Federal funds allocated to state/local governments for a specific purpose; examples include Medicaid and Head Start.

Federal Mandates

Federal laws that require state and local governments to comply with specific federal directives, regardless of funding; examples include the Americans with Disabilities Act (ADA) and REAL ID Act.

Federalist No. 10 (Madison)

Argues that a large republic best controls the effects of factions because multiple viewpoints and interests make it difficult for any single group to become tyrannical; directly counters Brutus 1.

Brutus No. 1 (Robert Yates)

Anti-Federalist essay arguing that the Constitution gives too much power to the national government, expresses fear over the power of the federal judiciary, argues the Necessary and Proper Clause is dangerous, and claims a large republic cannot protect liberty without a Bill of Rights.

Separation of Powers (Definition)

The division of government responsibilities into distinct, independent branches to prevent any branch from overpowering another.

Checks and Balances (Definition)

A system that gives each branch of government constitutional mechanisms to limit and check the actions of the other branches.

Federalist No. 51 (Madison & Hamilton)

Explains how the Constitution's structural design—specifically separation of powers and checks and balances—protects liberty and controls majority tyranny; written to convince New York to ratify.

Federalist No. 39 (Madison)

Written to calm Anti-Federalist fears by demonstrating that the proposed government is neither wholly national nor wholly federal, but a composition of both.

Authorization for Use of Military Force (AUMF - Sept 14, 2001)

Joint resolution of Congress passed after 9/11 allowing the President to use necessary and appropriate force against those responsible; functionally replaced formal congressional declarations of war.

Department of Homeland Security (Nov 25, 2002)

Executive agency created to coordinate domestic security following the 9/11 terrorist attacks.

Hamdan v. Rumsfeld (2006)

5-3 Supreme Court ruling holding that executive-created military commissions violated the UCMJ and Geneva Conventions because the Constitution does not give the President unilateral power to establish them without Congress.

Military Commissions Act of 2006

Congressional response to Hamdan v. Rumsfeld that authorized military commissions for enemy combatants and attempted to strip federal courts of jurisdiction over their habeas corpus petitions.

Boumediene v. Bush (2008)

5-4 Supreme Court decision ruling that foreign detainees at Guantanamo Bay are constitutionally entitled to challenge their detention via habeas corpus, declaring Section 7 of the MCA of 2006 unconstitutional.

McCulloch v. Maryland (1819) - Facts

Maryland attempted to tax and close the Baltimore branch of the Second Bank of the United States, but cashier James McCulloch refused to pay the tax.

McCulloch v. Maryland (1819) - Holding & Decision

Unanimous ruling in favor of McCulloch and the federal government.

McCulloch v. Maryland (1819) - Legal Reasoning

Congress possesses the implied power under the Necessary and Proper Clause to create a national bank, and states cannot tax federal entities under the Supremacy Clause.

McCulloch v. Maryland (1819) - Significance

Clarified and established how the federal system functions by affirming implied national powers and federal supremacy over state laws.

United States v. Lopez (1995) - Facts

Alfonzo Lopez was charged under the federal Gun-Free School Zones Act (GFSZA) of 1990 for carrying a concealed weapon at school.

United States v. Lopez (1995) - Holding & Decision

5-4 decision in favor of Lopez, striking down the federal law as unconstitutional.

United States v. Lopez (1995) - Legal Reasoning

The law exceeded Congress's Commerce Clause power because carrying a gun in a school zone is a non-economic criminal activity that does not substantially affect interstate commerce.

United States v. Lopez (1995) - Constitutional Significance

First time since 1937 that the Supreme Court limited Congress's authority under the Commerce Clause, reaffirming state reserved police powers under the 10th Amendment.

Supreme Court Opinion Types (from Lopez Note)

Majority Opinion (the binding ruling of the Court), Concurring Opinion (agrees with the outcome but for different legal reasoning), Dissenting Opinion (written by justices who disagree with the ruling).