AP Gov Key Terms

Marbury v. Madison (1803)

established judicial review; SCOTUS can declare federal laws unconstitutional

McCulloch v. Maryland (1819)

confirmed federal supremacy over states; established implied powers via the "necessary and proper" clause

United States v. Lopez (1995)

Limited Congress's power under commerce clause; guns in schools are not interstate commerce

Engel v. Vitale (1962)

Prohibited state-sponsored prayer in public schools; violates the Establishment Clause in 1st Amend

Wisconsin v. Yoder (1972)

protected Amish parents’ right to remove children from school after 8th grade; free exercise clause in 1st Amend

Tinker v. Des Moines (1969)

Upheld student speech; wearing armbands to protest is symbolic speech; 1st Amend

New York Times Co. v. United States (1971)

Bolstered freedom of press; set a high bar against prior restraint

Schenck v. United States (1919)

Speech creating "clear and present danger" NOT protected; 1st Amendment

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for the poor (6th Amendment right to counsel incorporated to states)

Roe v. Wade (1973)

Established a right to privacy regarding abortion (due process clause of the 14th Amendment)

Dobbs. v. Jackson (2022)

overturned Roe; returned authority to regulate abortion back to states

McDonald v. Chicago (2010)

Incorporated the 2nd Amendment right to bear arms to the states

Brown v. Board of Education (1954)

struck down legal basis for segregation and Plessy v. Ferguson; “separate but equal” doctrine violates Equal Protection clause of 14th Amend

Citizens United v. FEC (2010)

Corporate funding of independent political broadcasts is free speech; led to Super PACs

Baker v. Carr (1962)

Established "one person, one vote" in redistricting; courts can rule on legislative apportionment

Shaw v. Reno (1993)

Redistricting based on race must be held to strict scrutiny under the Equal Protection Clause in 14th Amend

Declaration of Independence

-Social contract theory- require consent of the governed
-People can abolish destructive government
-Telling British people they've already told the grievances- ignored colonist- in war=enemies, in peace=friends
ARGUMENTS:
unalienable rights- life, liberty, property
establish gov to protect rights
gov gets power from the people
right/ duty to overthrow
(Last 2= Social Contract Theory)
GRIEVANCES:
taxation w/o representation
quartering troops
trial w/o jury
dissolving colonists' representative governing bodies
controlling judges
DJJTQ
(Dissolving government, judge control, jury (none), taxation, quartering troops)

Articles of Confederation

1st guiding doc for U.S. government

Equal representation in one house congress

GOOD: NW Ordinance- slaver/ splitting new territory

WEAKNESSES:

1. No power to tax (borrow state $, but the states are broke!)

2. No president/ executive

3. No judiciary

4. No power to regulate interstate commerce

5. 9/13 states to pass law

6. 13/13 states to change/ amend it

LIMITED POWERS OF CONGRESS:

1. Can borrow $

2. Can declare war

3. can sign treaties

4. can create national army/ navy (unpaid/ can't draft)

Shown weak by Shay's Rebellion (national gov problems raising an army/ stopping rebellion)

(JIET-9-13) Judiciary, Interstate Commerce, Executive, 9/13 law, 13/13 amend

The Constitution

Article 1 Section 1:

-Congress legislates

-House & Senate

Article 1 Section 2:

-Representatives

--2 year terms

--25 years old

--Citizen 7 Years

--Citizen of the State

-Speaker of the House

-House has power to impeach- simple majority

-Reapportionment- with the Census- Representatives reapportioned to states

Article 1 Section 3:

-Senators

--2 per state

--6 year terms

--30 years old

--Citizen 9 Years

--Citizen of the State

-Vice President runs Senate (doesn't happen that way today)- can break tie votes

-President Pro Tempore (lead Senate)

-Senate holds impeachment trial (super majority- 2/3)

Article 1 Section 7:

-President can veto

-Super majority in Congress to override veto

-Power to make tax bills (start in the House)

Article 1 Section 8:

-Key/ Enumerated Powers of Congress

--Naturalization

--Raise Army/ Navy

--Power of the Purse (Coin money, power to tax, borrow money)

--Interstate commerce

--Lower Courts

--Declare War

_Necessary & Proper Clause (Elastic Clause)

Article 1 Section 9:

-What Congress cannot do

--Cannot suspend Writ of Habeas Corpus (except for public safety-war)

---Bring before a judge to tell why arrested

--No Bills of Attainder (bill that puts individual/ group into jail/ punishes w/o trial)

--No ex post facto laws (law passed to make something illegal that not illegal before then punishing those who committed the action before illegal)

--No kings/ princes/ titles of nobility

Article 2 Section 1:

-If no candidate gets 270 electoral votes, House chooses the president

-Executive

--4 year terms

--Born in USA

--US Resident for 14 years straight

--35 years old

Article 2 Section 2:

-Delegated/ Expressed powers of President

--Commander in Chief

--Grants Reprieves & Pardons

--Makes Treaties

--Makes Appointments (with Advice and Consent of Senate)

-Senate confirms treaties/ appointments (Advice and Consent)

-The Cabinet- vice president, chief of staff, heads of the 15 executive departments (agencies)- not ALL agencies

Article 2 Section 3:

-More expressed powers

--State of the Union address

--Call special sessions of Congress

Article 3:

-Creates the Supreme Court (Congress makes lower courts)

-Judiciary has life terms

Article 3 Section 3:

-defines treason

Article 5:

-Amendment Process

--Ex. of Federalism

-2/3 of Congress can vote- get an amendment proposed

--OR states can call national convention- get 2/3 vote- get Amendment proposed (not popular)

--Ratification- 3/4 of state legislatures approve it

--OR 3/4 of state convention can ratify it (not popular)

Article 6:

-Supremacy Clause

Federalist 10

Factions inevitable

Cure factions= eliminate freedom (no) or representative democracy- well controls factions

pure democracy- cannot control factions

pluralist theory- all these groups compete in a republic so you get compromise

Federalism- if representative focused on national issues- don't worry because you have a state government- controls factions (power splintered so one group can't control multiple states)

Fact10ns

Brutus I

-Written to dissuade readers from supporting Constitution at Constitutional Convention

-Necessary & Proper Clause and Supremacy Clause give federal gov unlimited power

-Representatives in government would be too far removed from the people in a large republic

-All important powers given to federal government

-Does not like federal government power to tax (increases all other powers)

-Standing army (profession soldiers even in time of peace)= destruction of liberty

-Federal courts will destroy state courts

(IACRUT-Important Powers, Army, Courts destroy courts, Representation, Unlimited Power, Taxation)

Federalist 51

Sets up checks and balances

Echoes Montesquieu

-3 branches of government

-Each branch self sufficient, but have power over the others to prevent tyranny

-Congress naturally being most powerful should be further divided- House & Senate

-This style of government tames factions

Montesquieu 52

Federalist 70

Strong executive does not contradict republican government

Good government= energy (power, influence, flexibility, quick execution of powers- protect national security) in the executive branch

Energy needed to

-carry out laws

-protect property

-prevent anarchy

-national security

-protect liberty

-make quick decisions

-have secrecy

-take action

need energy= energy means unity= unity equals one person

Plurality in CONGRESS good- promotes deliberation

Plurality in executive would slow decision making

70=energy

Federalist 78

life terms (tenure) for judiciary:

-prevent legislative encroachment

-necessary if courts are going to be able to defend the constitution

-Judiciary is naturally weakest of branches

-Judiciary must be independent to rule laws that violate the constitution, unconstitutional

78 judiciate

Letter from Birmingham Jail

In Birmingham because injustice there is injustice everywhere

Steps of Nonviolent Action:

-Collection of the facts

-negotiation

-self-purification

-direct action

Constructive nonviolent tension- breaking the status quo to lead to change- having a dialogue about the issue, not a monologue

Lists injustices

For example, being called "boy," not able to sleep in motels, not allowed into amusement parks

Unjust laws= don't follow moral code

-break them to maintain justice/ integrity of the law

Don't settle for negative peace- peace that perpetuates social injustices

Accept nonviolent protests to avoid violent protests

Being labeled as an "extremist" is okay because they produce social change

limited government

natural rights

social contract

popular sovereignty

Shays’s Rebellion

Federalist Papers

Virginia Plan

New Jersey Plan

Great (Connecticut) Compromise

Three-Fifths Compromise

enumerated powers

implied powers

inherent powers

concurrent (shared) powers

reserved powers

Constitutional Preamble

Federalists

Anti-Federalists

central government

republic

separation of powers

impeachment

slave trade compromise

ex post facto law

bill of attainder

electoral college

full faith and credit clause

privileges & immunities clause

amendment process (Article V)

supremacy clause

devolution

dual federalism “layer cake”

cooperative federalism “marble cake”

fiscal federalism

grants

categorical grants