AP GOV Argumentative Essay

TOPIC 1: FEDERALISM

EQ: Is it better for federal gov or state gov to have more power?

FEDERAL

STATE

Article 1 of Constitution: Legislative Branch.

Bicameral—house and senate
Major powers of congress include… taxation, regulating interstate and foreign commerce, declaring war, nec and prop clause, impeachment and removal

Brutus 1: fed govt is bad.

Argues that a powerful, centralized govt is too far removed from individual citizens to meet their needs
In the large US, it is impossible to represent everyone through the national govt.

Due Process of 14th Amendment: states vs individual rights

Due Process: limits states from infringing upon individual rights.

10th Amendment: reserved powers.

Powers not given to the federal govt are RESERVED for the states.

Federalist 10: fed gov controls party conflict.

James Madison argues that a strong central govt will control the effects of factions (aka political parties).
Factions will balance each other under a large republic

U.S. v Lopez: guns and interstate commerce clause.

gun legislation is a state issue, but Congress used the interstate commerce clause to make the federal law gun-free school zones act
Lopez one, so court favors the state law over federal law.

Articles of Confederation: failed due to weak central govt.

Under the articles, the central govt had 1) no power to tax and 2) no authority over states and 3) no power to regulate interstate commerce.
In Shay’s rebellion, farmers have an uprising. Although it was resolved, this showed the weakness that there was no national army that could help during a state conflict.

McCulloch v Maryland

TOPIC 2: CHECKS AND BALANCES / SEPARATION OF POWERS

EQ: Should __ branch have a correct level of power? How can one branch check the power of another branch?

Federalist 51: all about checks and balances.

James Madison argues that the structure of govt MUST have separation of powers / proper checks and balances.
The Constitution provides the checks and balances to keep any part of the govt from becoming too powerful.
Since people are self interested, the 3 independent branches will compete with one another and therefore limit the power of the govt as a whole
Checks and balances CONTROLS abuses by a majority; prevents tyranny

If the questions asks about executive power specifically, know…

Federalist 70: benefits of a single executive

Hamilton argues that one president can act more quickly, with more secrecy when necessary, than a large group of leaders.
It is better for one person to make decisions; only they are held accountable.
A single, corrupt executive is easier to identify and remove than choosing from a group of leaders

Article II of the Constitution: executive branch.

President serves a 4 year term and can be impeached
Powers include… making treaties with the consent of the Senate, appointing executive officials with consent of the Senate, state of the Union speech, bully pulpit.

If asked about judicial power specifically, know…

Federalist 78:

Marbury v Madison:

TOPIC 3: BALANCING INDIVIDUAL RIGHTS VS PUBLIC SAFETY

EQ: What is the proper balance between rights of the majority vs minority or other groups of citizens?

Individual Rights

Public Safety

Bill of Rights (1, 4, 5, 6 Amendments)

1 Congress can’t establish religion, limit freedom of speech or the press, or limit people’s right to peacefully protest.

4 Search warrant. Suspects shouldn’t have unreasonable searches and seizures without a search warrant.

5 Right to counsel. Suspects have right to grand jury in federal case, right against double jeopardy, miranda warnings, and right to compensation if property is taken.

6 Speedy public trial. the accused have right to speedy, public trial by an impartial jury of state/district.

Schenck v. United States: think espionage.

Context- Schenck writes a pamphlet against the WW1 Draft, gets arrested. He believes he has right to protest bcuz of freedom of speech.
Decision- Schenk LOSES! his protest does not count as protected speech, and it causes a “clear and present danger” since he is motivating people to rebel
Why it matters- victory of the public safety! and shows how rights are limited and govt can infringe more on speech during time of WAR. this created the clear and present danger test.

Equal Protection Clause of the 14th Amendment: all ppl are treated equally under the law.

used to support the advancement of equality in Brown v Board.
Affirmative Action is a program that focuses on access to education and employment, giving special consideration to historically excluded groups. legal discrimination.

New York Times Co. v United States

Context- During Vietnam conflict, Nixon lies and deceives the public about the war. A worker leaks Nixon’s lies to newspapers, then these stories get published and causes public alarm. Nixon orders papers to CEASE PUBLICATION (public restraint) to protect national security. So NYT argues that Nixon’s use of prior restraint violates their 1st amendment rights
Decision- individual liberties win! Nixon LOSES, NYT wins. Court agrees that Nixon’s use of prior restraint is unconstitutional.
Why it matters- victory for the free press against censorship! this decision made it hard to censor the free press ever since!

McDonald v. Chicago: think guns.

Context- McDonald argues that Chicago’s restrictive gun laws infringed on people’s right to own guns (a protected 2nd amendment right). But Chicago argues that these gun laws are needed to uphold public order and safety
Decision- Mcdonald wins, and court favors individual rights! The 14th amendment’s due process clause extends the right to bear arms to state govts as well.

Engel v Vitale: think school prayer.

Context- school prayer is announced every morning. Engel’s parents deem prayer as violation of 1st amendment right (freedom of religion)
Decision- Engel won b/c this state-sponsored prayer meant that the fed govt was influencing the kind of prayer children said.

Tinker v Des Moines: think arm bands.

Context- Tinker family wears black armbands as political support for Kennedy, despite the school asking students to not wear anything protest related. Tinkers wear anyways, get suspended, and parents sue as they feel like their protection of free speech was violated.
Decision- Tinkers win. His political expression is SYMBOLIC SPEECH that should be protected by 1st amendment.

Wisconsin v Yoder: think amish.

Context- Amish Yoder family wants to pull children out of school early, but it is Wisconsin state law for children to stay in school till 16 yrs old. Yoder argues that this law violates their 1st amendment rights to the free exercise of religion.
Decision- Yoder wins; court decides there is violation of the family’s 1st amendment right.

TOPIC 4: POWER IN A DEMOCRACY

EQ: Do people actually have the power in the functions/operations of the US on a practical level?

PEOPLE HAVE MORE POWER

Letter from Birmingham Jail

MLK defends the strategy of nonviolent resistance to racism and segregation. its ppl’s moral duty to break unjust laws.
This letter to clergy was published in newspapers throughout the US. Critiques civil rights activists that wanted to “wait” for justice. need for direct action.
This example of social activism by a citizen, MLK, shows that people have influence over racial injustice in US.

Declaration of Independence

popular sovereignty
Government’s authority comes directly from the ppl
The PEOPLE have the right to alter or abolish unjust govts.
The ppl rejected the British parliament by making this document and asserting their authority to form their own new govt.

Shaw v Reno: no racial gerrymandering.

“one person, one vote”
Racial gerrymandering tried to manipulate district lines based on race to put minority groups at a disadvantage.
Shaw v Reno ensured more proportional voting in districts to truly reflect the interests of constituents
Voting stays a reliable way for citizens to exercise influence over public policy

GOVT HAS MORE POWER

Articles 1-3 of the Constitution

LEGISLATIVE BRANCH: Congress does lawmaking by a simple majority of the house and senate, subject to veto. They make laws on taxation, regulating interstate and foreign commerce, declaring war, nec and prop clause, impeachment and removal
EXECUTIVE: President
JUDICIAL:

Brown v Board

this ruling required immediate action to desegregate public schools, directly affecting how states operate their education system. this is much more effective than previously when segregation persisted without the enforcement of the govt.

Document	Mnemonic	Desc.
FED 10	“fed 10, fac tion” rhyme!	Warns about factions. A large republic with many factions will balance/control each other.
FED 51	branches	Separation of powers and checks and balances. Constitution provides checks and balances that keep any one part of govt from becoming too powerful.
FED 70	70 has one number (and a 0). one number = 1 executive	One strong executive benefits the country bc… Easier for one person to make decisions, one person held accountable, easier to remove.
FED 78	if marbury v madison was a number, it would be 78	Powers of the judicial branch. Life terms to maintain independence, Judicial review.