AP Gov 1st Test -- Review Guide for Federalism and Constitutional Underpinnings

U.S. Lopez (1995)

Court struck down the Gun-Free School Zones Act

Reason: possession of a gun in a school zone is NOT economic activity —> beyond congress’s Commerce Clause power

McCulloch v. Maryland (1819)

Congress can create a national bank under the Necessary & Proper Clause (elastic clause).

Tinker v. Des Moines (1969)

The supreme court ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Students wearing black armbands to protest the Vietnam war was considered symbolic speech protected by the 1st amendment. However, schools may limit expression if it causes a substantial disruption.

Dred v. Scott (1857)

The court ruled that African Americans, whether enslaved or free, could not be U.S. citizens and therefore had no standing to sue in federal court. It also declared the Missouri Compromise unconstitutional, saying congress had no authority to ban slavery in the territories — deepening tensions before civil war.

Wickard v. Filburn (1942)

The court upheld federal limits on wheat production, even for wheat grown for personal use. It reasoned that even personal consumption affects the overall market and thus falls under Congress’s power to regulate interstate commerce. This greatly expanded federal power under the Commerce Clause.

Wisconsin v. Yoder (1972)

The court held that Wisconsin’s law requiring school attendance until age 16 violated the First Amendment rights of Amish parents, who sought to withdraw their children after 8th grade for religious reasons. It established that free exercise of religion can outweigh state educational interests in certain cases.

Powers in the Constitution

Concurrent powers (shared by state & federal)

Taxation, establishing courts, law enforcement

Denied powers (to both federal & state)

No ex post facto laws (retroactive laws), no bills of attainder

Influence over federalism

The 10th amendment reserves powers to the states

Nullification controversy

Rooted in federalism (states challenging federal laws). Ended after the civil war

Federalism Terms

Extradition

Returning a criminal suspect to the state where the crime occured

Enumerated (Expressed) Powers

Powers explicitly granted to Congress in the Constitution (ex: coin money, declare war, regulate interstate commerce).

Implied powers

powers not directly stated but derived from the Necessary and Proper Clause (elastic clause)

Concurrent powers

Powers shared by both the federal and state governments (ex: taxation, establishing courts)

Reserved powers

Powers left to the states by the 10th amendment (ex: elections, education, police powers)

Denied powers

Powers the constitution prohibits to both federal and state governments (ex: ex post facto laws, bills of attainder)

Federalist Papers

Federalist No. 10 (Madison)

o Factions are inevitable due to human nature.

o Controlled best in a large republic where multiple factions check each other.

o Quotation refers to interest groups.

o Madison not afraid → factions would check each other.

· Federalist Papers purpose: Persuade Americans to ratify the Constitution.

Enlightenment Influence

Montesquieu

Separation of powers

Hobbes

Believed humans selfish and brutish, strong government needed; BUT founders rejected censorship claim

Locke

Natural rights (life, liberty, property)). Influenced declaration of independence

Hobbes (absolute monarch supporter)

Civil War Amendments

13th

Abolished slavery

14th

Citizenship and equal protection

15th

voting rights for african americans

Constitutional Compromises

Virginia Plan

Representation by population

New Jersey Plan

Equal representtation for states

Great Compromise (Connecticut)

Bicameral legislature —> House(population) and senate (equal representatives)

Models of Democracy

Elite Democracy

Wealthy & powerful make decisions

Participatory democracy

broad public participation

Pluralist democracy

Policy shaped by competition of groups (interest groups)

Amending the constitution

Reason it’s difficult

Requires supermajorities (2/3 congress + ¾ states)

Concurrent Powers Example

shared by states & federal: taxation

Supreme Court Cases & Federalism

US v. Lopez (1995)

o Court struck down the Gun-Free School Zones Act.

o Reason: possession of a gun in a school zone is not economic activity → beyond Congress’s Commerce Clause power.

McCulloch v. Maryland (1819)

o Congress can create a national bank under the Necessary & Proper Clause (elastic clause).