Comprehensive AP US Government and Politics Study Guide

Required Supreme Court Cases

Marbury v. Madison * Relevant Power: Judicial Review. * Basic Facts: James Madison refused to deliver a judicial commission to a judge who had been properly appointed. * Holding: The Supreme Court possesses the power of Judicial Review. This allows the Court to determine if the actions of the legislative and executive branches violate the Constitution. * Legal Reasoning: The Supremacy Clause places constitutional law above laws passed by Congress. Because the Supreme Court decides what the Constitution means, it has the authority to strike down unconstitutional laws. In this specific case, the Judiciary Act was found to violate the Constitution because it claimed to give the Supreme Court original jurisdiction over the issue, whereas Congress does not have the power to change the Court's original jurisdiction.
McCulloch v. Maryland * Relevant Clause(s): Supremacy Clause and the Necessary and Proper (Elastic) Clause. * Basic Facts: Congress established a National Bank. The state of Maryland attempted to impose a tax on the Maryland branch of this National Bank. * Holding: Congress has the authority to establish a bank even though it is not an explicitly expressed power. This is because the Necessary and Proper clause allows Congress to do whatever is necessary and proper to carry out its duties (such as facilitating the printing and spending of money). * Constitutional Interaction: The Supremacy Clause prevents Maryland from taxing the bank. National power is supreme over state power, and taxing the bank would constitute an interference with national power.
Schenck v. United States * Relevant Clause(s): $1^{st}$ Amendment Freedom of Speech. * Basic Facts: Charles Schenck distributed fliers encouraging individuals to dodge the draft during World War I. He was arrested under the Espionage Act for interfering with the war effort. * Holding: Schenck’s arrest was determined to be constitutional. The Court ruled that the $1^{st}$ Amendment does not protect speech that creates a "clear and present danger" of a significant evil that Congress has the power to prevent. In this instance, the "evil" was identified as draft dodging.
Brown v. Board of Education * Relevant Clause(s): $14^{th}$ Amendment Equal Protection Clause. * Basic Facts: Public schools were segregated by race based on the "separate but equal" legal standard. * Holding: The Equal Protection clause does not permit states to segregate students by race because the act of separation is inherently unequal.
Baker v. Carr * Relevant Clause(s): $14^{th}$ Amendment Equal Protection Clause. * Basic Facts: The state of Tennessee had not redrawn its congressional districts for several decades. This failure resulted in districts with massive disparities in population size. * Holding: The Equal Protection clause establishes the doctrine of "one person one vote." This requires that congressional districts be roughly equal in population to ensure every individual's vote carries the same weight.
Engel v. Vitale * Relevant Clause(s): $1^{st}$ Amendment Establishment Clause. * Basic Facts: Students in a public school setting were required to listen to a non-denominational prayer every day. * Holding: The prayer is unconstitutional. The Establishment Clause prevents the government from forcing religion upon citizens. * Key Factors: The Court noted that students could not opt out of hearing the prayer, students are minors and thus more impressionable, and students are under the direct authority of teachers and administrators.
Gideon v. Wainwright * Relevant Clause(s): $6^{th}$ Amendment; $14^{th}$ Amendment Due Process Clause. * Basic Facts: Clarence Earl Gideon was charged with a state-level felony. The state denied his request for a court-appointed attorney. * Holding: The $6^{th}$ Amendment right to an attorney is a fundamental right. This right is incorporated into the Due Process clause of the $14^{th}$ Amendment, making it applicable to the states.
Tinker v. Des Moines * Relevant Clause(s): $1^{st}$ Amendment Free Speech. * Basic Facts: Students wore black armbands to school as a protest against the Vietnam War. They were subsequently suspended. * Holding: Speech within schools is protected by the $1^{st}$ Amendment unless that speech is disruptive or interferes with the school's educational mission. In this case, the armbands were protected symbolic speech.
New York Times v. United States * Relevant Clause(s): $1^{st}$ Amendment Freedom of Speech and Press. * Basic Facts: The New York Times sought to publish the "Pentagon Papers," which were leaked confidential documents regarding the Vietnam War. President Richard Nixon attempted to block the publication. * Holding: Censorship, also known as "prior restraint," is prohibited by the $1^{st}$ Amendment. The only exception is if the published information would directly and immediately threaten the lives of American service members.
Wisconsin v. Yoder * Relevant Clause(s): $1^{st}$ Amendment Free Exercise Clause. * Basic Facts: Amish parents wanted to remove their children from public schools after the eighth grade for religious reasons. This was two years earlier than state law permitted. * Holding: The state cannot force the Amish children to attend two additional years of school. Doing so would violate the Free Exercise clause by substantially interfering with their religious community and practices.
Shaw v. Reno * Relevant Clause(s): $14^{th}$ Amendment Equal Protection Clause. * Basic Facts: North Carolina created a second majority-black congressional district to comply with the Voting Rights Act of $1965$ . * Holding: The majority-minority district was ruled a "racial gerrymander" and violated the Equal Protection clause because it was drawn with reference only to race, ignoring all other traditional districting factors.
US v. Lopez * Relevant Clause(s): Commerce Clause. * Basic Facts: A student named Lopez brought a gun to school and was charged with violating the Federal Gun-Free School Zones Act (GFSZA). * Holding: The GFSZA is an unconstitutional law. The possession of guns in schools has no rational relationship with interstate commerce. Congress must act within its constitutional authority and generally only create criminal laws that involve interstate commerce.
McDonald v. Chicago * Relevant Clause(s): $2^{nd}$ Amendment; $14^{th}$ Amendment Due Process Clause. * Basic Facts: The city of Chicago implemented a policy that effectively banned handguns. * Holding: The $2^{nd}$ Amendment right to bear arms for self-defense is a fundamental right. It is incorporated into the Due Process clause of the $14^{th}$ Amendment and is therefore applied to the states.
Citizens United v. Federal Election Commission * Relevant Clause(s): $1^{st}$ Amendment Speech. * Basic Facts: Citizens United violated the Bipartisan Campaign Reform Act by funding an anti-Hillary Clinton documentary in $2007$ intended to damage her primary campaign. * Holding: Corporations are permitted to spend unlimited amounts of money independently on electioneering communications. This is because corporations have the same free speech rights as individuals, and money spent on advertising/communication is viewed as equivalent to speech itself.

Foundational Documents

Articles of Confederation * States maintained strong power while the National Government remained weak. * There were no national executive or judicial branches. * The national government lacked the power to tax. * There was no national military. * The total effect of these weaknesses created widespread problems, necessitating the replacement of the Articles with the Constitution.
Brutus No. 1 * Argues that only a small republic can truly represent voters; therefore, states should retain more power as they are smaller than the federal government. * In large republics, representatives must represent too many people, making it impossible to know constituent needs. * If a large republic had enough representatives to know their constituents, the body would be too large to work together efficiently. * In large republics, it is harder for citizens to monitor representatives, leading to corruption. * Conclusion: Large Republic/National Government = Bad; Small Republic/State Government = Good.
The Constitution * Article I: Details the Congress/Legislative Branch. * Article II: Details the Executive Branch. * Article III: Details the Judicial Branch.
The Bill of Rights and Amendments * Designed to balance liberty and order. * The Bill of Rights originally applied only to the national government. * $9^{th}$ Amendment: Rights not explicitly listed may still be protected. * $10^{th}$ Amendment: Powers not granted to the national government are reserved for the states.
Declaration of Independence * Authored as a declaration of American independence from Britain, addressed to King George III. * Grounded in John Locke’s concepts of unalienable rights and the social contract. * Social Contract: People relinquish some freedom in exchange for government protection of unalienable rights: life, liberty, and property. * Right to Revolution: If a government fails to protect these rights, the people have the right to overthrow and replace it. * Famous Quote: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
Federalist No. 10 * Argues that only a large republic can prevent takeover by a single faction. * Faction: A smaller group within the government sharing a common ideology or interest. * Small republics have few factions, allowing one to easily oppress others. * Large republics contain many factions, making it difficult for one to dominate. Factions must work together, encouraging compromise and coalitions. * Conclusion: Large Republic/National Government = Good (can control factions); Small Republic/State Government = Bad (cannot control factions).
Federalist No. 51 * Advocates for a system of separation of powers and checks and balances. * Because people are self-interested, power must be divided to prevent abuse. * Limited power for each branch ensures the government is not captured by a small group and allows multiple voices to be heard. * Federalism adds another layer of security by splitting power between state and federal levels.
Federalist No. 70 * Advocates for a unitary executive (a single president) to ensure accountability; blame and credit can be easily assigned to one person. * Necessitates an "energetic executive" capable of quick decision-making and implementation. * Four Requirements for Energy: Unity (one person), Duration (multi-year term), Support (a salary), and Adequate Powers. * Asserts that a government is only as strong as its executive.
Federalist No. 78 * Judicial Review: Asserts the Supreme Court's power to determine the constitutionality of laws/actions of the other branches. * Life Tenure: Judges should serve for life with "good behavior" to avoid bias or a need to secure future careers. * Weakest Branch: The judiciary relies on the executive to enforce decisions. Metaphor: Executive = Sword; Legislative = Purse.
Letter From a Birmingham Jail (MLK Jr.) * Discusses how to address unjust laws within a democracy. * Civil Disobedience: The act of peacefully refusing to comply with unjust laws as a movement for change. * Key Philosophy: "Injustice anywhere is a threat to justice everywhere." * Peaceful disobedience brings visibility to injustice and initiates negotiation.

Constitutional Articles, Clauses, and Amendments

Major Articles

Article I: Legislative Branch.
Article II: Executive Branch.
Article III: Judicial Branch.
Article V: The Amendment Process.

Critical Clauses

Commerce Clause: Allows Congress to regulate interstate and foreign commerce.
Necessary and Proper (Elastic) Clause: Allows Congress to pass laws required to carry out enumerated powers.
Supremacy Clause: Federal laws take precedence over state laws when the federal government acts within its authority.
Establishment Clause: The government cannot support one religion over another or push religion on citizens.
Free Exercise Clause: The government cannot interfere with religious beliefs or restrict religious actions without compelling reasons.
Due Process Clause ( $5^{th}$ Amendment): Applies to the national government; protects fundamental rights. Includes substantive due process (private family decisions) and reverse incorporation (applying equal protection to the feds).
Due Process Clause ( $14^{th}$ Amendment): Applies to states. Used for "selective incorporation," applying the Bill of Rights to the states.
Equal Protection Clause ( $14^{th}$ Amendment): Prohibits different treatment based on race/ethnicity (subject to strict scrutiny) or sex/gender (subject to intermediate scrutiny, unless based on biological differences).

Summary of Amendments

$1^{st}$ Amendment (RAPPS): * Religion: Establishment and Free Exercise clauses. * Assembly: Right to gather. * Press: Protection against Prior Restraint (government stopping publication before it happens). * Petition: Right to petition the government. * Speech: Protects Pure Speech (words) and Symbolic Speech (actions/images). * Unprotected Speech: Obscenity, Libel/Slander, "Clear and Present Danger" (modern: imminent lawless action), school disruption, or violation of time, place, and manner restrictions.
$2^{nd}$ Amendment: The right to bear arms.
$4^{th}$ Amendment: Protection against unreasonable searches and seizures. Requires a warrant and applies only where there is a reasonable expectation of privacy. Includes the Exclusionary Rule (illegal evidence is kept from juries).
$5^{th}$ Amendment: * Due Process: Protects life, liberty, and property. * Procedural Due Process: Rights within the justice system. * Substantive Due Process: Fundamental day-to-day rights. * Double Jeopardy: Cannot be tried for the same crime twice. * No Self-Incrimination: Protects against unlawful interrogation (Miranda Rights).
$6^{th}$ Amendment: Right to an attorney (even if indigent), trial by jury, right to hear charges, and confront accusers.
$8^{th}$ Amendment: No cruel or unusual punishment. Capital punishment (death penalty) is currently permitted.
$9^{th}$ Amendment: Rights exist beyond those listed in the Constitution.
$10^{th}$ Amendment: Powers not given to the feds are reserved for the states.
$13^{th}$ Amendment: Outlaws slavery.
$14^{th}$ Amendment: Contains the Due Process and Equal Protection clauses. Selective Incorporation applies rights to states. Substantive due process protects unenumerated rights like the right to privacy (e.g., marriage choices, contraceptives).
$15^{th}$ Amendment: No voting discrimination based on race.
$17^{th}$ Amendment: Direct election of senators by the people.
$19^{th}$ Amendment: Right to vote for women.
$22^{nd}$ Amendment: Two-term limit for the President.
$24^{th}$ Amendment: Eliminated poll taxes.
$26^{th}$ Amendment: Lowered the voting age to $18$ .

Foundational Ideas

Key Definitions

Consent of the Governed: Government legitimacy comes from the citizens' consent.
Popular Sovereignty: Government power originates from the people.
Natural Rights: Birthrights of life, liberty, and property (John Locke).
Unalienable Rights: Rights governments shouldn't take away: life, liberty, pursuit of happiness (Declaration of Independence).
Limited Government: Power restricted by a constitution.
Checks and Balances: Branches can limit one another to prevent any single branch from gaining too much power.
Separation of Powers: Division of distinct powers among multiple branches.
Social Contract: Unspoken agreement regarding rights and responsibilities between citizens and government.
Federalism: Split power between national and state levels.
Democracy: Rule by the people.
Republic / Representative Democracy: Citizens elect officials to make decisions.
Direct Democracy: Citizens participate directly in decision-making.
Faction: A group with a shared interest.

Drafting and Structure

$3/5$ Compromise: Only $3/5$ of the slave population counted for representation and taxation.
New Jersey Plan: Unicameral legislature; each state gets one vote.
Virginia Plan: Bicameral legislature; representation based on population.
Great Compromise (Connecticut Plan): Bicameral legislature. Senate = $2$ per state; House = Proportional to population.
Amendment Process: * Step $1$ (Proposal): $2/3$ vote in both houses of Congress OR National Convention called by $2/3$ of states. * Step $2$ (Ratification): Passage by $3/4$ of state legislatures OR ratified by conventions in $3/4$ of states.
Federalist vs. Anti-Federalist: Federalists supported the Constitution; Anti-Federalists opposed it and demanded a Bill of Rights.

Models of Democracy

Participatory: Citizens are primary actors (voting, donating).
Pluralist: Groups (interest groups, parties) hold power.
Elite: A small, wealthy elite holds real power.

Types of Powers

Enumerated: Specifically listed in the Constitution.
Implied: Derived from the Necessary and Proper clause.
Reserved: Held only by states ( $10^{th}$ Amendment).
Concurrent: Shared by state and federal governments.

Inter-Governmental Interactions

(Unfunded) Mandates: Federal rules for states without provided funding.
Categorical Grant: Federal money for specific purposes with many rules.
Block Grant: Federal money for specific purposes with broad freedom for states.
Revenue Sharing: Federal money provided with no conditions.
Federalism Effects: * States act as "laboratories of democracy" (trying new policies). * Policies can be tailored to specific state demographics/geography. * Citizens have multiple "access points" to influence policy.

The Three Branches and Bureaucracy

Legislative Branch (Article I)

House of Representatives: * Size based on population; $2$ -year terms. * Represents the people. No term limits. * Debate is limited. Led by Speaker of the House. * Unique Powers: Impeaching officials, starting revenue bills, choosing President if no Electoral College majority.
Senate: * $2$ per state; $6$ -year terms. * Represents the states. No term limits. * Debate is unlimited. * Filibuster: Indefinite debate to prevent a vote. * Cloture: Requires $60$ senators to end debate and vote. * Led by President Pro Tempore. * Unique Powers: Confirming appointments, ratifying treaties, choosing Vice President if no EC majority.
Expressed Powers of Congress: Tax, coin money, regulate interstate commerce, declare war, raise army/navy, establish post offices.
Informal Powers: Creating annual budgets, investigating via committees.
The Lawmaking Process: * All bills start in committee (majority vote needed). Discharge petition moves a bill to the House floor. * Committees led by majority party Chairs. * Conference Committee: Reconciles different House/Senate versions of a bill. * Veto Override: $2/3$ vote in both chambers. * Pocket Veto: Bill dies if President doesn't sign and Congress is NOT in session. * Terminology: Logrolling (vote trading); Pork Barrel Legislation (funding for local projects to secure votes).
Spending: * Deficit: Annual spending exceeds revenue. * National Debt: Total borrowed money. * Discretionary: Decisions made annually via budget. * Mandatory: Required by existing law (cannot change via budget). * Entitlements: Social Security/Medicare (paid through mandatory spending).
Representation Models: Delegate (follow constituent wishes); Trustee (use best judgment); Politico (mix of both).

Executive Branch (Article II)

Led by President; advised by Cabinet (VP, $15$ department Secretaries).
Formal Powers: Veto, Commander in Chief, appointments (judges, cabinet, ambassadors), treaties, enforcement, pardons.
Informal Powers: Bully pulpit, executive orders, executive agreements, pocket veto, signing statements, bargaining.
Growth of Power: Expanded due to the bureaucratic state (New Deal) and wartime authority.
Checks on Executive: Senate confirmation, withholding funding, judicial review of actions, treaty ratification, veto overrides.

Judicial Branch (Article III)

Levels: Supreme Court (top) → Circuit Courts (Appeals) → District Courts (Trial).
Trial Courts: District Courts; use juries to determine facts and judges to apply law.
Appellate Courts: Circuit Courts and Supreme Court; review lower decisions for legal correctness.
Judicial Independence: Life tenure ensures no bias from future job-seeking. Congress sets the number of justices.
Philosophies: * Originalism: Interpret based on original meaning at the time of writing. * Living Constitutionalism: Interpret based on modern standards/morality. * Judicial Activism: Overturn precedent based on political beliefs. * Judicial Restraint: Uphold precedent and existing law.
Opinions: Majority (legally binding); Concurring (agrees with result, different reasoning); Dissent (disagrees).
Checks on Judicial: Amendments, presidential appointments, delaying implementation, limiting jurisdiction.

Bureaucracy

Jobs: Write regulations, use discretionary authority.
Regulation Steps: Legal authority → Notice of proposed rule → Public comment → Issue/Amend/Withdraw rule.
The Iron Triangle: Relationship between interest groups, congressional committees, and agencies.
Delegated Discretionary Authority: Congress gives agencies power to make specific interpretations during implementation.

Ideologies and Public Policy

Core Values: Liberty, Political Equality, Freedom of Speech, Rule of Law, Limited Government, Equality of Opportunity, Legal Equality. (Income Equality and Equality of Outcome are NOT core values).
Political Socialization: Developing ideology; Family/Parents have strongest impact.
Polling: * Exit Poll: After voting. * Tracking Poll: Throughout campaign. * Benchmark Poll: First poll to find initial popularity. * Random Sample: Subset representing the population. * Margin of Error: Expected deviation (e.g., $+/-\ X\%$ ).
Ideology Comparison: * Liberal (Democratic): More regulation, social programs, higher taxes on rich, pro-choice, anti-gun, pro-LGBTQ. * Conservative (Republican): Less regulation/spending, lower taxes, pro-gun, pro-life, traditional values. * Libertarian: No regulation or social programs, get gov out of economy/morality, end "victimless" crimes. * Socialist: High regulation, drastically expand services, higher taxes for equality, worker rights.
Economic Policies: * Fiscal Policy: Taxes and government spending. * Monetary Policy: Money supply and interest rates (Federal Reserve). * Keynesian Economics: Spending during recessions to stimulate growth.
Solution Matrix: * Recession: Fiscal = Increase spending/Decrease Taxes; Monetary = Lower Interest Rates. (Liberals prefer spending; Conservatives prefer tax cuts). * Inflation: Fiscal = Decrease spending/Increase Taxes; Monetary = Raise Interest Rates.

Political Participation

Voting Behavior: * Voter Turnout: Percent of eligible voters who vote. * Political Efficacy: Belief that your vote matters. * More likely to vote: White, Old, College Graduate, High Efficacy, Rich. * Models: Prospective (future), Retrospective (past), Rational Choice (personal benefit), Straight Line (one party).
Linkage Institutions: Connect citizens to gov (elections, parties, interest groups, media).
Political Parties: Mobilize voters, write platforms, recruit candidates, manage campaigns. We have a winner-take-all system which creates structural barriers for third parties.
Elections: * Primary: Caucus (meetings), Open Primary (anyone), Closed Primary (party members). * Electoral College: States get electoral votes equal to House + Senate seats. 48 states are winner-take-all. Winner must get majority; otherwise House decides.
Campaign Finance: Hard Money (direct to candidate); Soft Money (independent spending); PACs (raise money for issues/candidates).
Interest Groups: Influence policy via Lobbying, education, mobilizations, and Amicus Curiae briefs.
Media: Agenda Setting (deciding what is important); Horse Race Journalism (focus on polls rather than issues). Bias is increased by consumer-driven consumption.