AP Government Foundational Documents and SCOTUS Cases
Required Documents
Declaration of Independence
Author: Thomas Jefferson (primary)
Authorized by the Second Continental Congress
Declared independence from Britain.
Identified natural rights: Life, Liberty, and the Pursuit of Happiness; the government's job is to protect these rights.
Influenced heavily by John Locke:
Consent of the Governed
Limited Government
Social Contract Theory
Articles of Confederation
Author: John Dickinson
Authorized by the Second Continental Congress
Confederal Government: Weak Congress with limited powers.
Unicameral Legislature
Each State had 1 vote.
2-7 Delegates per state
No Executive or Judicial branches
U.S. Constitution
Written by the Constitutional Convention
Outlines the structure of the government.
Three branches of government.
Defines relationships between states.
Includes an amendment process.
Has 27 Amendments, including the Bill of Rights
Federalist #10
Author: James Madison
Part of the Federalist Papers
Argues that factions are inevitable.
A large republic is the best form of government to address factions.
Federalist Papers
Federalist #51
Author: Madison or Hamilton
Part of the Federalist Papers
Power is divided between three branches of government.
Power is divided between national and state governments.
Checks and Balances exist to prevent power from becoming too centralized, preventing one person or group from taking over.
Quotes:
“If men were angels, no government would be necessary. … ”
“…you must first enable the government to control the governed; and in the next place oblige it to control itself. ”
Brutus #1
Author: Robert Yates
Anti-Federalist perspective
Argues the Constitution gives too much power to the central government.
Mentions the Necessary and Proper Clause and the Supremacy Clause.
Believes the federal government can do away with State Governments.
Sees a standing army in peacetime as a danger to liberty.
Warns that surrendering power is difficult to reverse: “Many instances can be produced where the people have voluntarily increased the powers of their rulers; but few, if any, in which rulers have willingly abridged their authority. ”
Federalist #78
Author: Alexander Hamilton
Part of the Federalist Papers
Discusses the power of judicial review.
Argues that federal courts must determine the constitutionality of Congressional acts, following the Constitution in cases of inconsistency.
Hamilton viewed judicial review as a protection against Congressional abuse of power.
Quote: “It only supposes that the power of the people is superior to both (legislative and executive); and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former."
Federalist #70
Author: Alexander Hamilton
Part of the Federalist Papers
Argues for a strong executive leader as provided by the Constitution, contrasting the weak executive under the Articles of Confederation.
Quote: “energy in the executive is the leading character in the definition of good government. ”
Letters from a Birmingham Jail
Author: Martin Luther King Jr.
Discusses justice.
Quote: “Injustice anywhere is a threat to justice everywhere. … ”
Quote: “Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. ”
Daily Topics
Congressional Oversight
Accountability through Congressional review, monitoring, and supervision of federal agencies, activities, and policy implementation.
Includes Congressional activities and can include the Presidency.
It's a check and balance of power and their discretion of implementation of laws and making regulations.
Primarily conducted through Congressional hearings
Prior Restraint
Judicial suppression of material that would be published or broadcast on the grounds that it is libelous or harmful.
Related to NYT v. United States (Pentagon Papers) case and Near v. Minnesota.
The First Amendment generally restrains prior restraint.
Example: A state law requiring government review and approval of pamphlets or a judge’s order preventing publication of news articles.
Trustee/Delegate/Politico
Trustee: Elected representatives are entrusted by voters with the responsibility of governing all.
Delegate: Elected representatives are delegated the responsibility to act in the interests of the people who elected them and stay in accordance with the constituents.
Politico: A hybrid of trustee and delegate models, acting as either depending on the issue, trying to keep everyone happy.
Pluralist/Participatory/Elitist Governments
Pluralist Democracy: Individuals achieve positions of formal political authority by forming successful electoral coalitions, where GROUPS counterbalance each other.
Participatory Democracy: Citizens have the power to decide directly on policy, and politicians are responsible for implementing that policy.
Elitist Government: A small, self-serving, powerful elite group controls power and decision-making with little influence of the masses.
Articles of the ConstitutionThe Articles of the Constitution make up the structure of American government.
Article I: Sets up the legislative branch that make the policy and laws.
Article II: Sets up the executive branch that enforces the laws.
Article III: Sets up the judicial branch that interprets the laws.
Article IV: Determines the relationship between the states.
Article V: Describes the amendment process.
Article VI: Establishes the Supremacy Clause, stating the Constitution is the Supreme Law of the Land.
Article VII: Concerns the ratification of the Constitution.
Exclusionary Rule
Prevents the government from using most evidence gathered in violation of the U.S. Constitution.
Related to Mapp v. Ohio.
The Fourth Amendment protects citizens from illegal searches and seizures.
Exclusive/Concurrent/Reserved Powers
Exclusive Powers: Powers that only the national government can use (e.g., declare war, coin money).
Concurrent Powers: Powers that both the national and state governments can use simultaneously (e.g., taxing, establishing courts).
Reserved Powers: Powers that only the state can use (e.g., education, speed limits, marriage licenses).
Checks and Balances
A system that provides each branch of government the ability to check the other branches and prevent any one branch from becoming too powerful.
One of the basic principles of U.S. government.
Federalist 51, James Madison, checks and balances would create a limited government.
Examples:
The President can veto legislation made by Congress, and Congress can override a Presidential Veto with a \frac{2}{3} vote.
The President appoints judges, ambassadors, and officers, then the Senate must confirm the appointment.
Budget Process
The steps the President takes to propose and get the federal budget passed by Congress.
President’s budget request
Budget resolution
Appropriation bills (start in H of R)
Authorization bills
Revenue measures
Budget reconciliation
Debt limit legislation or raising debt ceiling
Enumerated/Implied/Inherent Powers
Enumerated (Expressed) Powers: Granted to the Federal government and specifically to the Congress in Article I, Section 8 of the US Constitution.
Examples: Declare war, coin money, raise and maintain an army, etc.
Implied Powers: Powers granted to the US government not explicitly stated in the Constitution.
Necessary and Proper Clause
Examples: Creating an Air Force
Inherent Powers: Not explicitly stated but grown out of the existence of the national government.
Example: Acquiring territory, immigration
Gridlock
Gridlock, deadlock, or political stalemate is a situation when there is difficulty passing laws that satisfy the needs of the people.
A government is gridlocked when the ratio between bills passed and the agenda of the legislature decreases.
Eminent Domain
Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking.
The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
The property acquired must be taken for a “public use.”
The state must pay “just compensation” in exchange for the property.
No person must be deprived of his/her property without due process of law.
Veto and Pocket Veto
A Veto is a no vote that blocks a decision. The President can veto some bills that pass his desk. A veto is a very official way of saying "No!" Vetoes block or forbid something.
A Pocket Veto occurs when a bill fails to become law because the president does not sign it within the ten-day period and cannot return the bill to Congress because Congress is no longer in session.
Bureaucracy
Iron Triangle: Comprises the policy-making relationship among the congressional committees, the bureaucracy, and interest groups.
Issue Networks: Alliances of various interest groups and individuals who unite to promote a common cause or agenda to influence government policy.
Testifying: Most individuals respond favorably to an invitation to testify in Congress, believing it to be a valuable opportunity to communicate and publicize their views on a question of public policy.
Bureaucratic Discretion: The ability to decide how policies will be implemented.
EOP and Departments: The Executive Office of the President and the Cabinet Departments are all part of the Federal Bureaucracy.
Legislative Powers (formal)
The power to levy and collect taxes (Article I, Section 8, Clause 1)
The power to borrow money on the credit of the United States (Article I, Section 8, Clause 2)
The power to regulate commerce with foreign nations, among the states, and with Native American tribes (Article I, Section 8, Clause 3)
The power to establish uniform rules of naturalization and bankruptcy laws (Article I, Section 8, Clause 4)
The power to coin money and regulate its value (Article I, Section 8, Clause 5)
The power to punish counterfeiting (Article I, Section 8, Clause 6)
The power to establish post offices and post roads (Article I, Section 8, Clause 7)
The power to promote the progress of science and useful arts by granting patents and copyrights (Article I, Section 8, Clause 8)
The power to constitute tribunals inferior to the Supreme Court (Article I, Section 8, Clause 9)
The power to declare war, raise and support armies, and maintain a navy (Article I, Section 8, Clauses 11-14)
The power to make all laws necessary and proper for carrying out the enumerated powers (Article I, Section 8, Clause 18)
The power to impeach and remove civil officers of the federal government (Article I, Sections 2 and 3)
The power to approve treaties and ambassadorial appointments (Article II, Section 2, Clause 2)
The power to propose and ratify constitutional amendments (Article V)
Legislative Powers (informal)
The power of oversight: Congress has the ability to oversee and investigate the actions of the executive branch and other government agencies to ensure proper implementation of laws and policies.
The power of the purse: While the Constitution grants Congress the power to levy taxes and appropriate funds, Congress also has the informal power to influence policy through its control over federal spending and the allocation of funds.
The power to confirm appointments: The Senate has the informal power to influence presidential appointments through its advice and consent role, which can include delaying or rejecting nominations.
The power to hold hearings and conduct investigations: Congress has the informal power to hold public hearings, gather testimony, and conduct investigations into various matters of public interest or concern.
The power to issue subpoenas and compel testimony: Congressional committees have the informal power to issue subpoenas and compel individuals to testify or provide documents, subject to certain legal limitations.
The power to conduct oversight through committee structures: Congress organizes itself into committees and subcommittees, which allows for specialized oversight and influence over specific policy areas.
The power to conduct studies and commission reports: Congress can commission studies, reports, and analyses from various government agencies, think tanks or expert panels to inform its decision-making processes.
The power of the bully pulpit: Members of Congress can use their public platforms and media attention to raise awareness, shape public opinion, and influence policy debates.
The power to censure or reprimand: Congress has the informal power to censure or reprimand members of the executive or judicial branches for misconduct or unethical behavior, although this carries no legal consequences.
The power to hold the executive branch accountable: Congress can use its oversight and investigative powers, as well as the threat of impeachment, to hold the executive branch accountable for its actions.
These informal powers, while not explicitly granted by the Constitution, have become established through congressional practice and precedent over time.
Specifics of the House of Representatives
To start all revenue (money) bills.
To impeach civil officers.
To elect a President if no candidate receives a majority of the electoral votes.
Leadership: Speaker of the House
435 members.
Citizen of the US for 7 years.
Resident of state that is represented by that member.
Specifics of the Senate
Ratify treaties negotiated by the president (\frac{2}{3} vote).
When HR brings charges of impeachment, sit as jury and decide guilt of the impeached person (\frac{2}{3} vote).
Approve presidential appointments (majority vote).
To elect vice president if electoral college is deadlock.
Leadership: President of the Senate (VP), President Pro Tempore.
100 members.
Citizen of the US for 9 years.
Resident of the state that is represented by that member.
Civil Liberties and Civil Rights
Civil Liberties
The freedom of a citizen to exercise customary rights, as of speech or assembly, without unwarranted or arbitrary interference by the government.
Bear Arms
Right to remain silent
Freedom of Speech
Freedom of Assembly
Civil Rights
The fundamental rights and freedoms granted to individuals by a government and are protected by law.
Voting rights
Freedom of Religion
Protections of Due Process of Law
Equal Protection of Law
Linkage Institutions
A linkage institution is a structure within a society that connects the people to the government or centralized authority.
These institutions include: elections, political parties, interest groups, and the media.
Connecticut Compromise
The Connecticut Compromise (also known as the Great Compromise of 1787) was an agreement reached during the Constitutional Convention of 1787 that in part defined the legislative structure and representation each state would have under the United States Constitution.
Informal Powers of the President
The power to go public, power of persuasion, make executive agreements, issue executive orders, issue signing statements, create & use bureaucracy, personality and leadership, and make legislative proposals.
Federalists and Anti-Federalists Beliefs
Liberals and Conservatives Beliefs
Weaknesses of the Articles of Confederation
No central leadership (executive branch).
Congress had no power to enforce its laws.
Congress had no power to tax.
Congress had no power to regulate trade.
No national court system (judicial branch).
Changes to the Articles required unanimous consent.
Compromises Necessary to Ratify the Constitution
Electoral College: The Electoral College is the group of presidential electors that is formed every four years for the sole purpose of voting for the president and vice president. The process is described in Article II of the U.S. Constitution.
⅗ Compromise: A compromise reached among state delegates during the 1787 Constitutional Convention. It determined that three out of every five slaves was counted when determining a state's total population for legislative representation and taxation.
Bill of Rights: Demand of the Anti-Federalists to ratify the Constitution. Lists the civil liberties guaranteed to US citizens.
Postponing the discussion of slavery: Ultimately agreed that the United States would potentially cease importation of slaves in 1808.
Judicial Activism v Judicial Restraint
Judicial Activism: The philosophy that the supreme court should play an active role in shaping national policies by addressing social and political issues. Liberal view of making rulings.
Judicial Restraint (Constructivism): A judicial approach that states that courts should avoid delivering decisions that change the meaning of a current law or government statute unless there is a clear violation of the Constitution. Conservative view of making rulings.
Free Speech (1st Amendment)
Time, Place, Manner: Restrictions include regulations of when, where and how someone speaks. For example, a school may tell its students that they may not discuss politics during class.
Obscenity: Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.
Libel: A published false statement that is damaging to a person's reputation; against the media rules.
Slander: The public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, persons other than the defamed party.
Clear and Present Danger: A risk or threat to safety or other public interests that is serious and imminent. Especially: one that justifies limitation of a right (as freedom of speech or press) by the legislative or executive branch of government.
Relevant to, Schenck v. United States
Procedural Due Process
A fundamental principle in the United States legal system that requires the government to follow fair and just procedures when it takes away a person's life, liberty, or property.
It is protected by the Due Process Clause of the Fifth and Fourteenth Amendments to the U.S. Constitution.
Affirmative Action
Policies and programs aimed at promoting equal opportunity and diversity in areas such as education and employment.
The requirement, imposed by law or administrative regulation, that an organization (business firm, government agency, labor union, school, or college) take positive steps to increase the number or proportion of women, African Americans, or other minorities in its membership.
Equal Protection Clause of the 14th Amendment
Political Ideologies
Liberal: Liberal social beliefs include support for more government intervention to fight poverty and other social issues through programs such as welfare and a social safety net, as well as opposition to government intervention in moral and social behavior.
Conservative: They often advocate for a strong national defense, gun rights, capital punishment, and a defense of Western culture from perceived threats posed by communism and moral relativism. American conservatives tend to question epidemiology, climate change, and evolution more frequently than moderates or liberals.
Moderates: Identify as neither liberal nor conservative, holding a mix of beliefs that does not necessarily correspond to either group. They typically believe that issues are too complex for simple partisan solutions to work and that the two major political parties are too ideological.
Public Opinion
The aggregation of many citizens' views and interests regarding political issues, leaders, institutions, and events.
Polling is the way that this is researched in the United States.
Economic Policy
Fiscal: Taxing and Spending. Congress is responsible for the taxing and spending in the United States for goods and services to maintain a healthy economy.
Monetary: Regulation of the Money Supply. Federal Reserve Interest Rates Reserve Requirement
Keynesian Economics: Liberal view, promotion of government intervention to stabilize the economy. Problems with it include increased amounts of debt and inflation.
Supply-Side Economics: A theory that maintains that increasing the supply of goods and services is the engine of economic growth. Additionally, it advocates tax cuts as a way to encourage job creation, business expansion, and entrepreneurial activity. Disadvantages- takes a long time for policies to work and can be expensive to implement.
Voting Rights Amendments
14: African Americans gained citizenship.
15: African Americans gained the right to vote.
17: Direct election of Senators to the US Senate.
19: Women gained the right to vote.
24: Elimination of poll tax discrimination.
26: 18 year olds gained the right to vote.
These amendments have to do with increasing suffrage for groups of people and allowing for more popular sovereignty in the United States.
Models of Voting Behavior
Retrospective Voting: Voting based on whether a party candidate in power should be re-elected based on the past.
Prospective Voting: Assumes that political actors will make decisions based on their own benefit, carefully weighing all choices when voters base their ballot decisions on what they anticipate will happen in the future as a result of electing certain candidates or parties.
Rational Choice Voting: Assumes that political actors will make decisions based on their own benefit, carefully weighing all choices.
Straight Ticket Voting: A voter chooses candidates from the same political party for every office up for election.
Functions of Political Parties
Nominate Candidates
Influence Policy
Unite government
Create Balance
Inform Citizens
Incumbency Advantage
The advantage that the incumbent (individual currently holding office) candidate has over the challenger candidate
Modern Campaigns
In modern politics, the most high-profile political campaigns are focused on general elections and candidates for head of state or head of government, often a president. A number of changes in recent decades characterize modern campaigns and how their organization and strategies affect elections, including longer election cycles, increased campaign costs and fundraising efforts, increased reliance on professional consultants, and the role of social media in both communication and fundraising.
Campaign Finance
Campaign finance, also known as election finance, political donations or political finance, refers to the funds raised to promote candidates, political parties, or policy initiatives and referendums. Donors and recipients include individuals, corporations, political parties, and charitable organizations.
BCRA 2002: Bipartisan Campaign Reform Act (McCain-Feingold); banned soft money.
Citizens United v FEC 2012: Corporations have free speech and brought back the use of soft money.
Media
Linkage institution; one of the means or channels of general communication, information, or entertainment in society, as newspapers, radio, or television.
Gatekeeping: A process by which information is filtered to the public by the media.
Horse race journalism: Political journalism of elections that resembles coverage of horse races because of the focus on polling data and public perception instead of candidate policy, and almost exclusive reporting on candidate differences rather than similarities.
Watchdog: An individual or group that monitors the activities of another entity (such as an individual, corporation, non-profit group, or governmental organization) on behalf of the public to ensure that entity does not behave illegally or unethically, such as Consumer watchdog, consumer protection organizations or campaigners.
Clauses
Necessary and Proper Clause
Elastic Clause
“Congress has the power to make all laws which shall be necessary and proper for carrying into Execution the foregoing powers… ”
Congress has the ability to make laws or act where the Constitution doesn’t give it specific authority.
Power is “Implied”
Relevant to McCulloch v. Maryland
Anti-Feds did not like “implied powers” because they thought it gave too much power to the central government
14th Amendment
Selective Incorporation: Refers to the choice of the U.S. Supreme Court to apply rights and freedoms to states as outlined in the Bill of Rights. The process is considered "selective incorporation" because these rights are applied one at a time rather than all at once, related to McDonald v. Chicago.
Due Process Clause: Means that a citizen who will be affected by a government decision must be given advance notice of what the government plans to do and how the government's action may deprive them of life, liberty, or property.
Substantive DP: Principle that the Fifth and Fourteenth Amendments protect fundamental rights from government interference (outside litigation)
Procedural DP: Regulate the means by which government adjudicates certain disputes.
Equal Protection Clause: Refers to the idea that a governmental body may not deny people equal protection of its governing laws.
Relevant to Brown v. Board of Education and Baker v. Carr.
Free Exercise Clause
Free Exercise Clause (1st Amendment)
Recognizes our right to believe and practice our faith, or not, according to the dictates of conscience, related to Wisconsin v. Yoder.
Establishment Clause
Establishment Clause (1st Amendment)
The Establishment Clause bars the government from taking sides in religious disputes or favoring or disfavoring anyone based on religion or belief (or lack thereof), related to Engel v. Vitale.
SCOTUS Cases
McCulloch v. Maryland
Necessary and Proper Clause (Elastic Clause)
Maryland was trying to tax the Second Bank of the U.S. Congress invoked the Elastic Clause saying a state could not tax the Federal Government.
Federalism
United States v. Lopez
The possession of a gun in a local school zone is not an economic activity that might, through repetition elsewhere, have a substantial effect on interstate commerce.
The law (1990 Gun-Free School Zones Act) is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.
Federalism
Commerce Clause
Engel v. Vitale
It is unconstitutional for a state (in this case New York) from creating a prayer to be recited voluntarily during a public school day.
The Supreme Court said by providing the prayer, New York was officially approving religion.
1st Amendment- Freedom of Religion Establishment Clause
Wisconsin v. Yoder
The Supreme Court held that individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade.
Found the Amish religion and lifestyle does not require education past the 8th grade.
1st Amendment-
Freedom of Religion
Free Exercise Clause
Tinker v. Des Moines
The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it.
The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property.
In order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would "materially and substantially interfere" with the operation of the school.
1st Amendment-
Free Speech Clause
Symbolic Speech
Prior Restraint
NY Times v. United States
Pentagon Papers Case
Nixon Administration attempted to prevent the New York Times and Washington Post from publishing materials belonging to a classified Defense Department study regarding the history of United States activities in Vietnam. The President argued that prior restraint was necessary to protect national security.
SCOTUS held that the government did not overcome the "heavy presumption against" prior restraint of the press in this case. Justices Black and Douglas argued that the vague word "security" should not be used "to abrogate the fundamental law embodied in the First Amendment."
1st Amendment-
Free Press Clause
Prior Restraint
Schenck v. United States
SCOTUS held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress’ wartime authority.
The 1st Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has the power to prevent.
Famously, Justice Holmes compared the leaflets to shouting “Fire!” in a crowded theatre, which is not permitted under the First Amendment.
1st Amendment-
Free Speech Clause
Gideon v. Wainwright
Due Process Case
The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.
6th Amendment-
Right to Counsel (Attorney)
14th Amendment- Due Process Clause (Selective Incorporation)
McDonald v. Chicago
Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.
The Court recognized in D.C. v. Heller that the right to self-defense was a "fundamental" and "deeply rooted" right. The Court reasoned that because of its holding in Heller, the Second Amendment applied to the states.
14th Amendment- Due Process Clause
Selectively Incorporated the 2nd Amendment.
Brown v. Board of Education
The Supreme Court held that “separate but equal” facilities are inherently unequal and violate the protections of the Equal Protection Clause of the Fourteenth Amendment.
The Court also held that the segregation of public education based on race instilled a sense of inferiority that had a hugely detrimental effect on the education and personal growth of African American children.
14th Amendment- Equal Protection Clause
Citizens United v. FEC
By a 5-to-4 vote along ideological lines, the majority held that under the First Amendment corporate funding of independent political broadcasts in candidate elections cannot be limited.
The majority maintained that political speech is indispensable to a democracy, which is no less true because the speech comes from a corporation.
1st Amendment-
Free Speech Clause
Campaign Finance/Electoral Rules
Baker v. Carr
In an opinion which explored the nature of "political questions" and the appropriateness of Court action in them, the Court held that there were no such questions to be answered in this case and that legislative apportionment was a justiciable issue.
14th Amendment- Equal Protection Clause
Election reapportionment-
“One Man, One Vote”
Shaw v. Reno
The Court held that although North Carolina's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race.
14th Amendment- Equal Protection Clause
Reapportionment and Gerrymandering
Marbury v. Madison
The Court found that Madison’s refusal to deliver the commission was illegal but did not order Madison to hand over Marbury’s commission via writ of mandamus.
Instead, the Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court’s original jurisdiction beyond that which Article III, Section 2, established.Judicial Review