Ap review

Original Constitution Review 

1. _______Article VI__________________: often referred to as the Supremacy Clause, establishes the Constitution and federal laws as the supreme law of the land. It also requires all state and federal officials to take an oath to support the Constitution and prohibits religious tests for holding public office.

2. ______________Article I_____________________This article establishes the legislative branch of the federal government, comprising the United States Congress. It outlines the powers, structure, and responsibilities of the House of Representatives and the Senate, including the process of creating laws and the limitations on legislative powers.

3.  ________________Article IV___________________addresses the relationship between the states and the federal government, as well as the obligations and privileges states owe to each other.

4. ____________________Preamble_______________ introductory statement that sets forth the purposes and goals of the Constitution. It articulates the fundamental principles of the American government, including establishing justice, ensuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty to ourselves and our posterity.

5. ________________Article V___________________outlines the process for amending the Constitution. It provides two methods for proposing amendments—by a two-thirds vote in both houses of Congress or by a national convention called for by two-thirds of the state legislatures—and two methods for ratifying amendments—by three-fourths of the state legislatures or by conventions in three-fourths of the states.

6. __________________Article III_________________establishes the judicial branch of the federal government, which includes the Supreme Court and other federal courts. It outlines the jurisdiction of the courts, the appointment and tenure of judges.

7. ________________Article VII___________________ outlines the process for ratifying the Constitution. It stipulates that the Constitution would take effect after ratification by nine of the thirteen states through conventions held for that purpose.

8. ________________Article II___________________ lays the foundation for the executive branch of the government, which includes the President of the United States, the Vice President, and the Cabinet.

Constitution Review: Amendments

1. Guaranteeing the rights of the accused in criminal prosecutions, the_6th Amendment ensures a fair and speedy trial, the right to counsel, and the right to confront witnesses.

2. Extending voting rights regardless of race, color, or previous servitude, the__15th Amendment___ was a crucial step in the quest for civil rights and equality.

3. Outlining the procedures for presidential succession, disability, and vacancy, the 25th Amendment provides a framework for the orderly transfer of power and continuity of government.

4. Protecting the fundamental freedoms of speech, religion, press, assembly, and petition, the 1st Amendment lays the foundation for the democratic principles cherished in the United States.

5. Granting residents of the District of Columbia the right to vote in presidential elections, the 23rd Amendment addressed the issue of representation for citizens of the nation's capital.

6. Reserving powers not delegated to the federal government to the states or the people, the  10th Amendment reinforces the principles of federalism and limits the reach of centralized authority.

7. Lowering the voting age to 18, the 26th Amendment  enfranchised millions of young Americans, recognizing their rights and responsibilities as citizens.

8. Known for its protection against self-incrimination and double jeopardy, the 5th Amendment  also ensures due process of law and eminent domain rights.

9. Imposing term limits on the presidency, the   22nd Amendment ensures that no individual can serve more than two terms as President of the United States.

10. The  2nd Amendment guarantees individuals the right to possess firearms within certain limitations.

11. Focused on preventing cruel and unusual punishment, the 8th Amendment sets standards for bail, fines, and punishments inflicted upon those convicted of crimes.

12. Central to the concept of equal protection under the law, the 14th Amendment addresses citizenship rights, due process, and the incorporation of the Bill of Rights against the states.

13. The 17th Amendment established the direct election of senators by the people rather than state legislatures.

14. Safeguarding against unreasonable searches and seizures, the 4th amendment establishes the right to privacy and requires authorities to obtain warrants based on probable cause.

15. The  19th Amendment granted women the right to vote, marking a significant milestone in the ongoing struggle for gender equality.

16. Prohibiting poll taxes in federal elections, the 24th Amendment aimed to eliminate barriers to voting and ensure greater participation in the democratic process.

Foundational Documents (minus the Constitution)

1.  Federalist 70 Written by Alexander Hamilton, this essay argues for a strong executive branch, advocating for unity, energy, and decisiveness in the presidency.

2.  Brutus 1 An anti-federalist essay opposing the ratification of the Constitution, arguing that it would lead to the consolidation of power in the central government and the loss of liberty.  

3. Federalist 78 Authored by Alexander Hamilton, this essay defends the necessity of an independent judiciary through concepts like lifetime tenure and the principle of judicial review to safeguard the Constitution.

4.  Letter From a Birmingnham Jail This document defends the strategy of nonviolent resistance against racism and injustice, emphasizing the moral obligation to challenge unjust laws.

5.  Declaration of Independence A document written by Thomas Jefferson in 1776, declaring the thirteen American colonies independent from British rule. It laid out the principles of natural rights, equality, and the right to revolution.

6.  Federalist 51 Written by James Madison, this essay emphasizes the importance of separation of powers and checks and balances within the government to prevent tyranny.

7.  Articles of Confederation The first constitution of the United States, which created a weak central government with most power vested in the states. It highlighted the need for a stronger federal government.

8.  Federalist 10 Authored by James Madison, this essay discusses the dangers of factionalism in a democracy and argues for a large republic to mitigate its effects.

Required Court Cases

1.  Citizens United v FEC Expanded the rights of corporations and unions to spend money on political campaigns, equating money with free speech and striking down certain campaign finance restrictions.

2.  Shaw v Reno Addressed racial gerrymandering, ruling that race cannot be the predominant factor in redrawing legislative districts, unless necessary to remedy past discrimination.

3.  U.S. v. Lopez Limited the scope of Congress's power under the Commerce Clause by striking down a federal law that regulated guns near schools.

4.  Gideon v. Wainwright Established the right to counsel for criminal defendants, ensuring that even those who cannot afford an attorney will have one provided by the state.  6th Amendment.  Selective Incorporation (Due Process 14th)

5.  New York Times v United States: Upheld the freedom of the press by rejecting the government's attempt to prevent the publication of classified documents (the Pentagon Papers), citing the First Amendment's protection of the press against prior restraint. 

6.  Schenck v. United States Established the "clear and present danger" test, limiting free speech in instances where it presents a clear danger to public safety.  First Amendment freedom of speech

7.  (Shaw v. Reno, but remember that Marbury v. Madison deals with judicial review) Addressed racial gerrymandering, ruling that race cannot be the predominant factor in redrawing legislative districts, unless necessary to remedy past discrimination.

8.  Wisconsin v. Yoder Recognized the rights of parents to homeschool their children for religious reasons, even if it conflicted with state compulsory education laws.  Free Exercise Clause, Freedom of religion

9. McCulloch v. Maryland Affirmed the supremacy of the federal government over state governments, particularly in the realm of taxation, through the Necessary and Proper Clause and the Supremacy Clause.

10.  Brown v. Board of Education Overturned the "separate but equal" doctrine established in Plessy v. Ferguson, declaring racial segregation in public schools unconstitutional and laying the groundwork for desegregation efforts.  Equal protection clause of 14th Amendment

11.  Tinker v Des Moines Upheld students' rights to free speech in public schools, ruling that symbolic speech (such as wearing armbands protesting the Vietnam War) is protected under the First Amendment.

12.  McDonald v. Chicago Incorporated the Second Amendment's right to bear arms to the states, extending the individual's right to own firearms for self-defense.

13.  Engel v. Vitale Declared school-sponsored prayer in public schools unconstitutional, affirming the establishment clause and the separation of church and state

14.  Baker v. Carr Established the principle of "one person, one vote," requiring state legislative districts to be roughly equal in population, thus reducing malapportionment.

Clauses

1. Commerce Clause This clause grants Congress the power to regulate commerce among the states, which has been interpreted broadly to encompass almost any economic activity that affects multiple states.

2. Due Process Clause Guarantees that individuals cannot be deprived of life, liberty, or property without fair legal procedures, including notice and an opportunity to be heard.

3. Establishment Clause Prohibits the government from establishing an official religion or favoring one religion over others, ensuring the separation of church and state

4. Full Faith and Credit Clause  Requires each state to recognize the public acts, records, and judicial proceedings of other states, ensuring that legal decisions and contracts made in one state are honored in all others.

5. Equal Protection Clause Requires that all individuals be treated equally under the law, preventing discrimination by the government based on factors such as race, gender, or nationality.

6. Supremacy Clause Establishes that the Constitution, federal laws, and treaties are the supreme law of the land, overriding any conflicting state laws or actions. It reinforces the federal government's authority over the states.

7. Necessary and proper clause: Also known as the "Elastic Clause," it gives Congress the authority to make all laws that are necessary and proper for carrying out its enumerated powers. This clause significantly expands the scope of congressional power.

8. Free Exercise Clause Protects individuals' rights to practice their religion without government interference, allowing for the free exercise of religion.

Laws to know

1. Voting Rights Act of 1965_Aimed to overcome legal barriers at the state and local levels that prevented African Americans from exercising their right to vote and prohibited racial discrimination in voting.

2. War Powers Act Requires the President to consult with Congress before deploying armed forces into military action and mandates congressional approval for military actions lasting longer than 60 days.

3. Civil Rights Act of 1964 Prohibits discrimination based on race, color, religion, sex, or national origin in employment, public accommodations, education, and federally funded programs.

4. Bipartisan Campaign Reform Act to regulate the financing of political campaigns, primarily by prohibiting soft money contributions to national political parties.

5. USA Patriot ACT Passed in response to the September 11, 2001, terrorist attacks and expands the authority of law enforcement agencies to surveil, investigate, and detain suspected terrorists or individuals involved in terrorism-related activities

6. Americans with Disabilities Act Aims to prohibit discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and public and private places that are open to the general public.  Unfunded mandate

7. Motor Voter Act Aims to increase voter registration by allowing eligible citizens to register to vote when applying for or renewing a driver's license or receiving services at government agencies.

8. Title IX Prohibits discrimination on the basis of sex in any federally funded education program or activity and most commonly associated with gender equity in athletics.

Review of Powers 

1.  Implied powers are not explicitly stated in the Constitution but are inferred from the necessary and proper clause (also known as the elastic clause). An example is Congress's power to establish a national bank. While not explicitly mentioned in the Constitution, the creation of a national bank was deemed necessary for the effective operation of the federal government, thus falling under these powers.

2.   Concurrent powers are those shared by both the federal and state governments. Examples include the power to tax, build roads, and establish courts. Both levels of government can exercise these powers concurrently, although conflicts may arise, requiring cooperation or resolution through the legal system.

3.  Enumerated powers are specifically listed in the Constitution as belonging to the federal government. Examples include the power to coin money, regulate interstate commerce, and establish post offices. These powers are explicitly stated in the Constitution, providing a clear framework for federal authority.

4. Reserved Powers are those not specifically delegated to the federal government in the Constitution and are therefore reserved for the states. Examples include regulating intrastate commerce, conducting elections, and establishing local governments. States retain these powers to govern their own affairs independently of federal interference.

5.  Exclusive powers are those granted solely to the federal government, meaning states cannot exercise them. A prime example is the power to declare war. Only the federal government, through Congress, can officially declare war, making it an exclusive federal power.

  Review of Voting Models

1.   Rational-choice In this model, voters carefully evaluate each candidate's positions on various issues and select the one who aligns most closely with their own beliefs and preferences.  For example, in the 2020 presidential election, a voter might have chosen between candidates based on their stances on healthcare, the economy, and social issues, weighing each candidate's platform against their own values and priorities.

2. Party-line (straight ticket)  This model involves voters casting their ballots exclusively for candidates of the same political party across all offices on the ballot. For instance, a voter who consistently supports the Democratic Party might choose all Democratic candidates, from the presidency down to local city council positions, without considering individual candidates' qualifications or platforms.

3. Retrospective: This model voters assess an incumbent's performance in office and base their decision on whether to re-elect them on their evaluation of past performance. For instance, a voter might consider factors such as the state of the economy, handling of national crises, or the incumbent's achievements or failures in office when deciding whether to vote for the incumbent or a challenger

4. Prospective involves voters making decisions based on candidates' promises, plans, and anticipated future performance rather than past performance. For example, a voter might analyze a candidate's proposed policies and plans for addressing current issues like healthcare reform, climate change, or education, and vote based on which candidate they believe has the most promising vision for the future.

Review of Representative Roles

1. A Delegate  acts as a direct representative of their constituents' interests, voting according to their wishes. Example, a congressman votes against a bill on healthcare reform because their constituents have overwhelmingly voiced their opposition to it, even though they personally support the bill.

2.    A Politico combines elements of both roles, balancing their own judgment with the interests of constituents and political considerations. Example, a governor supports a tax increase on cigarettes, aligning with their party's platform and considering the state's fiscal needs, while also taking into account the preferences of their constituents who prioritize public health initiatives.

3. A trustee (trust me) acts according to their conscience and best judgment, regardless of constituent opinions.  Example a senator votes in favor of a controversial bill, despite knowing it might not be popular among constituents, because they genuinely believe it is in the nation's best interest.

Media Roles

1. The Gatekeeper role involves determining what information reaches the public. An example is the media's coverage of presidential debates. News outlets carefully select which moments to highlight, effectively shaping public perception of candidates. For instance, in the 2020 election, media coverage of certain candidates' gaffes or standout moments heavily influenced voter opinions.

2. As scorekeeper, the media acts as a referee, providing assessments of political performances and outcomes. Take, for instance, the coverage of midterm elections. Media outlets meticulously track and analyze polling data, candidate performances, and key issues, assigning "scores" that inform the public about the state of political affairs. When outlets declare winners and losers on election night, they are shaping public understanding of political dynamics.

3. The Watchdog role entails holding government officials and institutions accountable. One striking example is investigative journalism uncovering government corruption or malfeasance. Watergate remains an important case, where journalists exposed the Nixon administration's involvement in illegal activities. More recently, investigations into political scandals or abuses of power, such as the NSA surveillance controversy, demonstrate the media's watchdog function, ensuring transparency and accountability in governance.