AP Government & Politics Review
The Three Branches of the U.S Government
Executive
Legislative
Article 1 of the Constitution - all legislative power is given to Congress
House and the Senate
Elected by the people
100 Senators
435 Members of the House
Number of state house members changes every 10 years with the U.S consensus
Judicial
Ways Laws are Changed
Bills
Supreme Court Decision
Constitutional Amendment
Executive Order
Federalism
10th Amendment
State Laws can’t supercede federal laws - Article 6: the Supremacy Clause
Jim Crow laws undermined this
The Obama administration let State decisions on marijauna challenge this
1876 - corrupt bargain - federal government split
Samuel Tilden v. Rutherford B. Hayes
Republicans agreed to leave the North if they kept the White House
Democrats controlled the House of Representatives allowed the decision made by the Electoral Commission securing the legitimacy of Hayes’ presidency
Subsequent withdrawal of federal troops from the Southern United States effectively ended the Reconstruction Era
Supreme Court Decisions
Marbury v. Madison
1803 - U.S Supreme Court ruled an act of Congress unconstitutional, establishing the principle of Judicial Review
Judicial Review = the power of federal courts to declare laws and government actions invalid when those laws or actions conflict with the constitution
Rule of Four: at least 4 Supreme Court justices must agree to hear a case from a lower court
Set up the Supreme Court as the key interpreter of the Constitution
McCulloh v. Maryland
1819 - allows a National bank to exist because of Article 1 Section 8 of the Constitution (necessary and proper clause - Congress has power to collect taxes, and provide for the common welfare and defense of the U.S)
Supremacy Clause = the clause within the Constitution that makes the Constitution and federal laws stemming from it authoritative over all other laws
Worcester v. Georgia
1832 - States did not have the right to impose regulations on Indian land
President Andrew Jackson ignored the decision and continued to pass legislation that damaged the Indian reservations - first time a President ignored a Supreme Court decision
Cherokee Indians were still kicked off of their reservation with the “Trail of Tears”
Dred Scott v. Sandford
1857 - The U.S Constitution did not extend American citizenship to people of black African descent, and therefore could not enjoy the same rights as U.S citizens
Slave owners had the right to retrieve their “property” from other states if the slaves escaped
Near v. Minnesota
1931 - prior restraint on publications was found to violate the freedom of speech established by the 1st Amendment
The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution (as applied through the Fourteenth Amendment)
Gibbons v. Ogden
1824 - Federal government has the power to regulate interstate commerce, not the states
Mapp v. Ohio
1961 - Evidence that was obtained illegally cannot be used in trial as it violates the fourth amendment, and applies to both federal and state governments
Miller v. California
1973 - clarified the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value"
States determine what material is considered to be obscene
Nixon v. USA
1993 - determined that a question of whether the Senate had properly tried an impeachment was political in nature and could not be resolved in the courts if there was no applicable judicial standard
Roe v. Wade
1973 - Determined that the Constitution protected Women’s right to an abortion
Obergefell v. Hodges
2015 - Same-sex marriages are protected by the Due Process Clause and Equal Protection clause of the 14th Amendment
Dobbs v. Jackson
2022 - Abortion is not protected by the Constitution
Overturned Roe v. Wade
Gideon v. Wainwright
1963 - The sixth amendment of the U.S Constitution requires states to provide criminal defendants with an attorney if they’re unable to afford one
Miranda v. Arizona
1966 - Law enforcement must inform someone of their Constitutional rights before interrogating them, or else any information gained cannot be used in trial
Miller v. Alabama
2012 - Mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders
Roper v. Simmons
2005 - Unconstitutional to impose capital punishment for crimes committed by those under the age of 18.
Gregg v. Georgia
1976 - Reaffirmed the Supreme Court's acceptance of the use of the death penalty
Tinker v. Des Moines
1969 - You can dress and say whatever you want in school as long as it doesn’t distract from education
Masterpiece CakeShop v. Colorado
2018 - Private businesses may refuse service to others based off of personal religious beliefs
Brown v. Board of Education (1954)
In public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal.
Schenck v. US
1919 - concluded that Charles Schenck, who distributed flyers to draft-age men urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense.
Established “clear and present danger” which made it so that speech that incites violence or posed some risk to the public or nation is not protected by the First Amendment
Bethel v. Fraser
1986 - Schools have the right to suppress student speech that is considered lewd or indecent, even if not obscene, in the interest of preserving a safe educational environment
Regents of Cal Berkeley v. Bakke
1978 - Race can be a factor for admission to college but it cannot be the sole factor
Allowed for “affirmative action” to continue
Plessy v. Furguson
1896 - separate but equal. Up to the States to enforce equality - allowed Jim Crow Laws to continue
Engel v. Vitale
1962 - unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment
NY Times v. Sullivan
1964 - the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation
Loving v. Virginia
1967 - Laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the 14th Amendment
Brandenburg v. Ohio
1969 - the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action"
Buckley v. Valeo
1976 - Ruled that the Federal Election Campaign Act of 1971, which limited election expenditures was unconstitutional
Texas v. Johnson
1989 - Burning of the American flag is protected by the 1st Amendment, as doing so is considered symbolic speech and political speech
Citizens United v. FEC
2010 - the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations.
Amendments - know the time frame of each amendment
Amendment 1:
Freedom of speech (freedom of press, and still can’t promote violence and hate speech), assembly (peaceful protests), expression (can dress however you want), petition (ask for change) and religion
Amendment 2:
Intent: having a well regulated militia which is necessary to the security of a free state and the right for people to keep and bear arms
Amendment 3:
Forbids the housing of military personal without the consent of the owner
Amendment 4:
Right to avoid unreasonable searches and seizures and no warrents can be issued without probable cause
Matt v. Ohio - must get a search warrant to enter a house
Amendment 5:
Protection against self-incrimination. You can’t testify against yourself. Double jeopardy, you con’t be put through trial more then once for the same crime. eminent domain, you must be compensated when the government takes your property.
Miranda v. Arizona - due process of law
Amendment 6:
Right to a fair, public (doesn’t necessarily mean it’s open to the public/press) and speedy trial (you wave this right if the crime is horrific) with a jury of your peers. Right to face your acccusers in the court of law.
Amendment 7:
Right to a jury trial for a lawsuit.
Amendment 8:
No excessive bails or fines, and no cruel or unusual punishment.
Roper v. Simmons
Miller v. Alabama
Amendment 9:
All the rights not listed in the constitution belong to the people not the government
Amendment 10:
States have the power to enact any law that benefits the state unless a federal law prohibits it
Article 6 - supremacy clause - federal law > state law
Amendment 11:
We have the right to sue our states without it being held in federal court
Amendment 12:
The president and vice president are elected on the same ballot
Amendment 13:
Abolishing slavery
Amendment 14:
Equitable due process of law no matter who you are
We’re all given the same rights
Brought equal protection to the federal government
Amendment 15:
Right to vote shall not be denied based off of race, color, or previous condition of servitude
Amendment 16:
Right for the government to implement an income tax
Amendment 17:
Direct election of U.S senators
Amendment 18:
(Prohibition) - Prohibited the making, transporting and selling of alcoholic beverages
Amendment 19:
Women get the right to vote
Lucy Burns
Susan B. Anthony
Sandra Day O’Connor - first female Supreme Court Justice
Amendment 20:
The president is sworn in on January 20th after the election year
Amendment 21:
Cancelled prohibition
Amendment 22:
President get two terms in office or up to 10 years
Amendment 23:
Washington D.C gets 3 electoral votes
Amendment 24:
No poll taxes for a citizen to participate in an election
Amendment 25:
The succession of power
President → Vice President → Speaker of the House
Amendment 26:
18 year olds have the right to vote
Amendment 27:
If the house and senate want a pay raise they have to vote on it
The Three Branches of the U.S Government
Executive
Legislative
Article 1 of the Constitution - all legislative power is given to Congress
House and the Senate
Elected by the people
100 Senators
435 Members of the House
Number of state house members changes every 10 years with the U.S consensus
Judicial
Ways Laws are Changed
Bills
Supreme Court Decision
Constitutional Amendment
Executive Order
Federalism
10th Amendment
State Laws can’t supercede federal laws - Article 6: the Supremacy Clause
Jim Crow laws undermined this
The Obama administration let State decisions on marijauna challenge this
1876 - corrupt bargain - federal government split
Samuel Tilden v. Rutherford B. Hayes
Republicans agreed to leave the North if they kept the White House
Democrats controlled the House of Representatives allowed the decision made by the Electoral Commission securing the legitimacy of Hayes’ presidency
Subsequent withdrawal of federal troops from the Southern United States effectively ended the Reconstruction Era
Supreme Court Decisions
Marbury v. Madison
1803 - U.S Supreme Court ruled an act of Congress unconstitutional, establishing the principle of Judicial Review
Judicial Review = the power of federal courts to declare laws and government actions invalid when those laws or actions conflict with the constitution
Rule of Four: at least 4 Supreme Court justices must agree to hear a case from a lower court
Set up the Supreme Court as the key interpreter of the Constitution
McCulloh v. Maryland
1819 - allows a National bank to exist because of Article 1 Section 8 of the Constitution (necessary and proper clause - Congress has power to collect taxes, and provide for the common welfare and defense of the U.S)
Supremacy Clause = the clause within the Constitution that makes the Constitution and federal laws stemming from it authoritative over all other laws
Worcester v. Georgia
1832 - States did not have the right to impose regulations on Indian land
President Andrew Jackson ignored the decision and continued to pass legislation that damaged the Indian reservations - first time a President ignored a Supreme Court decision
Cherokee Indians were still kicked off of their reservation with the “Trail of Tears”
Dred Scott v. Sandford
1857 - The U.S Constitution did not extend American citizenship to people of black African descent, and therefore could not enjoy the same rights as U.S citizens
Slave owners had the right to retrieve their “property” from other states if the slaves escaped
Near v. Minnesota
1931 - prior restraint on publications was found to violate the freedom of speech established by the 1st Amendment
The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution (as applied through the Fourteenth Amendment)
Gibbons v. Ogden
1824 - Federal government has the power to regulate interstate commerce, not the states
Mapp v. Ohio
1961 - Evidence that was obtained illegally cannot be used in trial as it violates the fourth amendment, and applies to both federal and state governments
Miller v. California
1973 - clarified the legal definition of obscenity as material that lacks "serious literary, artistic, political, or scientific value"
States determine what material is considered to be obscene
Nixon v. USA
1993 - determined that a question of whether the Senate had properly tried an impeachment was political in nature and could not be resolved in the courts if there was no applicable judicial standard
Roe v. Wade
1973 - Determined that the Constitution protected Women’s right to an abortion
Obergefell v. Hodges
2015 - Same-sex marriages are protected by the Due Process Clause and Equal Protection clause of the 14th Amendment
Dobbs v. Jackson
2022 - Abortion is not protected by the Constitution
Overturned Roe v. Wade
Gideon v. Wainwright
1963 - The sixth amendment of the U.S Constitution requires states to provide criminal defendants with an attorney if they’re unable to afford one
Miranda v. Arizona
1966 - Law enforcement must inform someone of their Constitutional rights before interrogating them, or else any information gained cannot be used in trial
Miller v. Alabama
2012 - Mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders
Roper v. Simmons
2005 - Unconstitutional to impose capital punishment for crimes committed by those under the age of 18.
Gregg v. Georgia
1976 - Reaffirmed the Supreme Court's acceptance of the use of the death penalty
Tinker v. Des Moines
1969 - You can dress and say whatever you want in school as long as it doesn’t distract from education
Masterpiece CakeShop v. Colorado
2018 - Private businesses may refuse service to others based off of personal religious beliefs
Brown v. Board of Education (1954)
In public education, the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal.
Schenck v. US
1919 - concluded that Charles Schenck, who distributed flyers to draft-age men urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense.
Established “clear and present danger” which made it so that speech that incites violence or posed some risk to the public or nation is not protected by the First Amendment
Bethel v. Fraser
1986 - Schools have the right to suppress student speech that is considered lewd or indecent, even if not obscene, in the interest of preserving a safe educational environment
Regents of Cal Berkeley v. Bakke
1978 - Race can be a factor for admission to college but it cannot be the sole factor
Allowed for “affirmative action” to continue
Plessy v. Furguson
1896 - separate but equal. Up to the States to enforce equality - allowed Jim Crow Laws to continue
Engel v. Vitale
1962 - unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools, due to violation of the First Amendment
NY Times v. Sullivan
1964 - the freedom of speech protections in the First Amendment to the U.S. Constitution restrict the ability of public officials to sue for defamation
Loving v. Virginia
1967 - Laws banning interracial marriage violate the Equal Protection and Due Process Clauses of the 14th Amendment
Brandenburg v. Ohio
1969 - the government cannot punish inflammatory speech unless that speech is "directed to inciting or producing imminent lawless action and is likely to incite or produce such action"
Buckley v. Valeo
1976 - Ruled that the Federal Election Campaign Act of 1971, which limited election expenditures was unconstitutional
Texas v. Johnson
1989 - Burning of the American flag is protected by the 1st Amendment, as doing so is considered symbolic speech and political speech
Citizens United v. FEC
2010 - the freedom of speech clause of the First Amendment prohibits the government from restricting independent expenditures for political campaigns by corporations, nonprofit organizations, labor unions, and other associations.
Amendments - know the time frame of each amendment
Amendment 1:
Freedom of speech (freedom of press, and still can’t promote violence and hate speech), assembly (peaceful protests), expression (can dress however you want), petition (ask for change) and religion
Amendment 2:
Intent: having a well regulated militia which is necessary to the security of a free state and the right for people to keep and bear arms
Amendment 3:
Forbids the housing of military personal without the consent of the owner
Amendment 4:
Right to avoid unreasonable searches and seizures and no warrents can be issued without probable cause
Matt v. Ohio - must get a search warrant to enter a house
Amendment 5:
Protection against self-incrimination. You can’t testify against yourself. Double jeopardy, you con’t be put through trial more then once for the same crime. eminent domain, you must be compensated when the government takes your property.
Miranda v. Arizona - due process of law
Amendment 6:
Right to a fair, public (doesn’t necessarily mean it’s open to the public/press) and speedy trial (you wave this right if the crime is horrific) with a jury of your peers. Right to face your acccusers in the court of law.
Amendment 7:
Right to a jury trial for a lawsuit.
Amendment 8:
No excessive bails or fines, and no cruel or unusual punishment.
Roper v. Simmons
Miller v. Alabama
Amendment 9:
All the rights not listed in the constitution belong to the people not the government
Amendment 10:
States have the power to enact any law that benefits the state unless a federal law prohibits it
Article 6 - supremacy clause - federal law > state law
Amendment 11:
We have the right to sue our states without it being held in federal court
Amendment 12:
The president and vice president are elected on the same ballot
Amendment 13:
Abolishing slavery
Amendment 14:
Equitable due process of law no matter who you are
We’re all given the same rights
Brought equal protection to the federal government
Amendment 15:
Right to vote shall not be denied based off of race, color, or previous condition of servitude
Amendment 16:
Right for the government to implement an income tax
Amendment 17:
Direct election of U.S senators
Amendment 18:
(Prohibition) - Prohibited the making, transporting and selling of alcoholic beverages
Amendment 19:
Women get the right to vote
Lucy Burns
Susan B. Anthony
Sandra Day O’Connor - first female Supreme Court Justice
Amendment 20:
The president is sworn in on January 20th after the election year
Amendment 21:
Cancelled prohibition
Amendment 22:
President get two terms in office or up to 10 years
Amendment 23:
Washington D.C gets 3 electoral votes
Amendment 24:
No poll taxes for a citizen to participate in an election
Amendment 25:
The succession of power
President → Vice President → Speaker of the House
Amendment 26:
18 year olds have the right to vote
Amendment 27:
If the house and senate want a pay raise they have to vote on it