AP Gov Exam

Gideon v. Wainwright

A person who cannot afford an attorney may have one appointed by the government Clarence Earl Gideon was charged with breaking into a pool hall and stealing cash (a felony); he was not entitled to a public defender because he was not charged with capitol crime; the supreme court incorporated the 6th amendment's right to counsel, holding that all felony defendants are entitled to an attorney paid for by the state

filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

the miranda warning

A series of statements informing criminal suspects, on their arrest, of their constitutional rights, such as the right to remain silent and the right to counsel: required by Supreme Court's 1966 decision in Miranda v. Arizona

The decision in United States v. Lopez (1995) reflected new ideas about federalism at the time that can be best characterized by which of the following A consolidation of power in the national government based on national supremacy A delegation of power from the federal government to state governments, increasing state and local sovereignty A delegation of power from the state governments to the federal government, increasing the power of the United States government An increase in cooperative federalism, where power and duties are shared between the federal and state governments

B

Weaknesses in the central government under the Articles of Confederation exposed by Shays' Rebellion contributed directly to the (a) signing of the Declaration of Independence (b) creation of the United States Constitution (c) development of a policy of neutrality (d) passage of the Northwest Ordinance

B

________________Prohibits states from charging a poll tax to vote A. 22n B. 24th

B

______________is found in Article 1 Section 8, Clause 18 of the U.S. Constitution Enumerated powers Elastic clause Implied powers Inherent powers

B

Proponents of the new constitution cited Shays' Rebellion as an example in support of which of the following criticisms of the national government under the Articles of Confederation? A. the national government did not provide sufficient protection of individual rights B. The lack of centralize judiciary made enforcement of national laws difficult C. There was a lack of national military power to address security concerns

C

Which of the following is an accurate description of the decision in United States v. Lopez (1995) (a) The Gun-Free School Zones Act of 1990 was upheld as constitutional because regulating arms is an enumerated power (b) The Gun-Free School Zones Act of 1990 was upheld as constitutional because any interstate commerce is implied in the commerce clause (c) The Gun-Free School Zones Act of 1990 was struck down as unconstitutional because it exceeded the commerce clause. (d) The Gun-Free School Zones Act of 1990 was struck down because it exceeded the state's power to regulate guns.

C

All of the following powers are granted to the President by the Constitution EXCEPT commissioning officers in the armed forces addressing the Congress on the state of the union granting pardons for federal offenses forming new cabinet-level departments

D

Concurrent powers have which of the following effects on the United States political system? They reinforce the expansion of the power of the national government and the supremacy of the national law. They eliminate disputes between the states and the national government by creating completely separate spheres of influence. They foster cooperation between the states and the national government by requiring that the two levels of government work together. They make it possible for the states and the national government to simultaneously exercise influence in the same areas of public policy.

D

Which of the following pairs of statements correctly describes both federal and unitary systems? Federal Unitary Powers of the states are expressly defined in the Constitution The vague language of the Constitution limits the power of the national government Most of the power is given to the state governments The national government shared power with state governments The national government has most of the power The national government has all of the power, and there are no state governments Power is constitutionally shared between the national and state governments The national government may grant certain powers to the states

D

which of the following was a direct outcome of the 3/5ths compromise? A. the number of senators increased in slaveholding states B. slavery quickly declined, especially in larger cities in the South C. slaveholding states were able to count slaves to determine their number of senators D. the number of representatives from slaveholding states increased

D

Declaration of Independence

Declaration of Independence, in U.S. history, document that was approved by the Continental Congress on July 4, 1776, and that announced the separation of 13 North American British colonies from Great Britain. People have certain Inalienable Rights including Life, Liberty and Pursuit of Happiness. All Men are created equal. Individuals have a civic duty to defend these rights for themselves and others.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

17th Amendment

Direct election of senators

Article I of the constitution

Establishes Congress as the legislative branch of Federal Government and lists the powers of Congress.

4th Amendment

Freedom from unreasonable searches and seizures

19th Amendment (1920)

Gave women the right to vote

26th Amendment

Lowered the voting age from 21 to 18

8th Amendment

No cruel or unusual punishment

3rd Amendment

No quartering of soldiers

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Due process and right not to incriminate yourself is Amendment number? A. 5th B. 8th

A

In which of the following situations would the Supreme Court be most likely to utilize the doctrine of selective incorporation? A. When an individual claims that a right protected by the bill of rights is infringed upon by a state B. when there is a conflict among the branches of the national government C. when a federal policy shifting oversight authority from a national agency to a state agency is challenged

A

One way in which the Declaration of Independence and the original United States Constitution are similar is that both promote the idea of (a) the consent of the governed (b) equal rights for women (c) voting rights for all adult citizens (d) judicial review of unjust laws

A

Which of the following is an accurate comparison of the checks held by the legislative and judicial branches Legislative checks to the judicial branch Impeaching and removing federal judges Judicial checks to the legislative branch Declaring an entire law unconstitutional Legislative checks to the judicial branch Confirming federal judge Judicial checks to the legislative branch Reviewing laws prior to enactment Legislative checks to the judicial branch Appointing federal judges Judicial checks to the legislative branch Striking down a portion of a law

A

______________was a historic plan of government that provided for a unicameral legislature with equal votes for each of the states. New Jersey Plan Connecticut Plan Albany Plan Virginia Plan

A

which of the following would be considered an instance in which time, place, and manner restrictions would be applied to the First Amendment? A. a city enforces its laws restricting noise to limit the scale of an outdoor concert event intended to raise awareness of climate change B. a group w offensive signs is denied a permit to march through the streets bc locals oppose the groups' message C. a person is arrested after making a threat to police officers who are investigating a crime scene

A

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Iron Triangle

A close relationship between an agency, a congressional committee, and an interest group

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

tracking polls

continuous surveys that enable a campaign or news organization to chart a candidate's daily rise or fall in support

Article III of the Constitution

creates the Supreme Court but allows Congress to establish lower courts.

Article II of the constitution

describes the executive branch

Article V of the Constitution

describes the process for amending the Constitution

the judiciary must depend on the ________ for enforcement of its decisions

executive

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

23rd Amendment

gave residents of Washington DC the right to vote

Super PACs

political action committees established to make independent expenditures

12th Amendment

separation of votes for President and Vice President

oversight

the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies

Natural Rigths

the first section of the Declaration of Independence that states the basic rights of all men; life, liberty, and property

committee markup

the session in which a congressional committee rewrites legislation to incorporate changes discussed during hearings on a bill

Marbury v. Madison

the supreme court claims the power of judicial review President John Adams lost the election of 1800 to Thomas Jefferson. Two days before departing office, Adams appointed several dozen federalists to newly created judicial positions in an attempt to extend the party's power. Due to the rushed nature of the appointments, several of the commissions were not delivered to the newly appointed judges before Adams left office and Jefferson took over. Jefferson saw no need to deliver the appointments, and instructed his Secretary of State, James Madison, not to do so. Marbury, one of the appointees who did not receive his appointment, sued, asking the Court to issue a writ of mandamus instructing Madison to deliver his commission. Is Marbury entitled to his commission? Yes, Marbury is entitled to his commission. Section 13 of the Judiciary Act conflicts with the Constitution. The constitution is supreme to federal law, so section 13 is unconstitutional.

prospective voting

voting for a candidate because you favor his or her ideas for handling issues

retrospective voting

voting for a candidate because you like his or her past actions in office

split-ticket voting

voting for candidates of different parties for different offices at the same election

25th Amendment

Presidential succession

issue network

Relationships among interest groups, congressional committees and subcommittees, and the government agencies that share a common policy concern.

21st Amendment

Repeal of Prohibition

6th Amendment

Right to a speedy trial

7th Amendment

Right to jury in civil trials.

Articles of Confederation

The Articles of Confederation introduced thirteen different articles that granted powers to the states and to the federal government. Congress commanded little respect and no support from state governments anxious to maintain their power. Congress could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states.

Tinker v. De Moines

The Court ruled that students may express opinion even on controversial subjects if they do so without disrupting the learning environment Students wore black armbands to school in protest of the Vietnam war; court held that the 1st amendment is protected in schools; symbolic speech

New York Times Co. v. US

The Nixon administration obtained a restraining order preventing The New York Times and The Washington Post from publishing classified info relating to the war in Vietnam that had been leaked to the press. The Pentagon Papers contained info that might be embarrassing to the gov, but not harmful to military operations; under the 1st amendment, the gov could not restrain the press from publishing info unless the gov could meet a very high burden

House of Representatives congressional leadership

The Speaker of the House->House Majority Leader-House Majority Whip->Majority Caucus The Speaker of the House-> House Minority Leader->House Minority Whip->Minority Caucus

Letter from a Birmingham Jail

The goal of "Letter from Birmingham City Jail" was for Martin Luther King Jr. to respond to a group of white clergy who had criticized his use of nonviolent civil disobedience in Birmingham, Alabama. break unjust laws

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.

exclusive powers

Those powers that can be exercised by the National Government alone

exit poll

a poll of people leaving a polling place, asking how they voted.

Article IV of the Constitution

addresses relationship between the federal and state governments

benchmark poll

an initial poll on a candidate and issues on which campaign strategy is based and against which later polls are compared

Federalist No. 70

argues in favor of the unitary executive created by Article II of the United States Constitution. According to Alexander Hamilton, a unitary executive is necessary to: ensure accountability in government. enable the president to defend against legislative encroachments on his power.

unicameral legislature is in articles of confederation or US constitution

articles of confederation

Article VI of the Constitution

"The Constitution, and the Laws of the United States...shall be the Supreme Law of the Land."

______________is a constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state. Full faith and credit clause [Article IV of Constitution] Elastic Clause [Article I of Constitution] Supremacy Clause [Article VI of the Constitution] 3/5 Clause [Article I of the Constitution]

A

Citizens United v. Federal Election Commission

A 2010 landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures. Citizens united, a conservative nonprofit organization, challenged restrictions placed by the Bipartisan Campaign Reform Act on advertising intended to influence elections by corporations and organizations. The court held that the 1st amendment applies to corporations and the BCRA restrictions violated those rights.

Social Contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

Which of the following ideals of democracy is reflected in the procedure for the apportionment in the House of Representatives? A. federal gov represents states equally B. gov is based on the consent of the governed C. leaders in congress are among the most well-informed in society D. political power is distributed between the national government and state governments

B

Which of the following is likely to occur as a result of new legislation regarding automobile safety? A. the supreme court will be asked to review the legislation annually B. The department of transportation will be given discretionary authority to create auto regulations C. Mandatory spending will be required in all future federal budgeting for the program

B

Which of the following scenarios best illustrates a formal check on the power of bureaucracy? A. Lobbyist representing the National Rifle Association refusing to meet with employees from the Department of Homeland Security B. The secretary of defense being called to testify before a congressional committee C. The white house chief of staff being formally censured by the president for publicly speaking out against the president's policy goals

B

________________Requires the direct election of senators by voters of each state, replacing the method of election of senators by state legislatures A. 16th B. 17th

B

All of the following are ways that the legislative branch can check the powers of the executive branch EXCEPT Congress may remove the president through its impeachment and conviction powers. Congress may override a presidential veto. Congress may pass a law declaring a presidential action unconstitutional The Senate may refuse to approve a presidential appointment.

C

______________is defined as a legislature declaring someone guilty without a trial Ex post facto laws Writ of habeas corpus Bill of attainder Writ of mandamas

C

9th Amendment

Citizens entitled to rights not listed in the Constitution

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

After a constitutional amendment has been proposed by both houses of Congress, its adoption requires Official filing with the secretary of state Support by majority vote of the people Signature by the president Ratification by three-fourths of the states

D

free rider problem

For a group, the problem of people not joining because they can benefit from the group's activities without joining.

Horse race media coverage

Horse race journalism is political journalism of elections that resembles coverage of horse races because of the focus on polling data, public perception instead of candidate policy, and almost exclusive reporting on candidate differences rather than similarities.

10th Amendment

Powers Reserved to the States

reserved powers

Powers given to the state government alone

3/5 clause

Slaves counted as 3/5 person for representation and taxation purposes

15th Amendment (1870)

U.S. cannot prevent a person from voting because of race, color, or creed

Schneck v. US

established the 'clear and present danger' test during world war I, the defendants in Schneck distributed literature urging young men to defy the draft and were charged w violating the Espionage Act of 1917; the defendants argued that the charges violated their first amendment rights to free speech; the court held that the first amendment does not protect speech that presents a clear and present danger of causing serious harm that congress has a right to prevent

the _____ has strict limits on debate, while the _______ allows unlimited debate

house, senate

16th Amendment

income tax

Gridlock

the inability of the government to act because rival parties control different parts of the government

Speaker of the House

the leader of the majority party who serves as the presiding officer of the House of Representatives

Powers of the House of Representatives

the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie

bully pulpit

the president's use of his prestige and visibility to guide or enthuse the American public

opinion poll

A method of systematically questioning a small, selected sample of respondents who are deemed representative of the total population.

which of the following is generally the most important agent of political socialization? A. Family B. Media C. Place of birth D. Social class

A. Family

24th Amendment

Abolishes poll taxes

13th Amendment (1865)

Abolition of slavery w/o compensation for slave-owners

Wisconsin v. Yoder

Amish children do not have to go to school until they are 16---they may stop after the 8th grade The Free exercise clause of the 1st amendment protects the right of individuals to engage in their religious rituals and practices; The court held that compulsory secondary education violated the religious practice of the Amish, which prohibits education past the 8th grade

which of the following is an example of checks and balances? A. an unpopular Supreme Court ruling can be overturned by a majority vote of both houses of Congress B. a rule issued by a bureaucratic agency may be declared unconstitutional by the supreme court C. a filibuster in the senate can be ended with a cloture motion that has the support of 60 senators D. a treaty negotiated by the president w a foreign gov must be approved by a majority vote of the House

B

Brutus No. 1

Brutus 1 argued that federal power was bad and that the Constitution gives too much power to the federal government. ... That's why Brutus said a representative democracy would only create an elite group of people that lead the country because they would concentrate power He believed that the Constitution and laws of every state would nullified and declared void if they were, or shall be inconsistent with the Constitution. Brutus argued that under the Necessary and Proper Clause, Congress would be able to repeal state fundraising laws.

South Carolina passed a law to increase the state tax on gasoline to help fund repairs on highways and bridges. The state tax is in addition to the federal tax on every gallon of gasoline that is sold. Which of the following constitutional provisions does this scenario illustrate? Delegated powers Reserved powers Concurrent powers Exclusive powers

C

The Supreme Court decision in Gibbons v. Ogden (1824) is important because it (a) banned the importation of manufactured goods (b) encouraged state investment in internal improvements (c) expanded federal control over interstate commerce (d) permitted taxes on exported goods

C

Which of the following scenarios best illustrates the concept of concurrent powers? A. The president negotiates a treaty regarding climate change w foreign governments, but for the treaty to take effect, it requires approval by the Senate B. As commander in chief of the military, the president orders troops to a foreign nation to address a potential threat to national security C. The federal government provides about 25% of the total funding for highways and transit in the US while the other 75% of the funding comes from the states

C

Powers of Congress

Collect taxes, borrow money, regulate commerce with other nations, coin money, declare war, control armed forces, make necessary laws.

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

All of the following are consequences of the federal system in the United States EXCEPT inequality in government services across subnational entities opportunities for experimentation in government programs multiple points of access for interest groups a strict division of power among levels of government

D

All of the following issues were decided at the Constitutional Convention EXCEPT representation in the legislature voting qualifications of the electorate method of electing the President congressional power to override a presidential veto

D

All of the following statements pertaining to the presidential veto are true EXCEPT: Congress overrides fewer than ten percent of presidential vetoes. A vetoed bill is often revised and passed in another form Presidents often threaten to veto bills to increase their leverage with Congress. A President may veto part of a bill.

D

The Supreme Court decisions in McCulloch v. Maryland (1819) and in Gibbons v. Ogden (1824) resulted in (a) large land grants for Native American Indians (b) an expansion of the rights of African Americans (c) greater state regulation of business activities (d) an increase in the power of the federal government over state governments

D

Which of the following is an accurate description of the decision in McCulloch v. Maryland (1819)? (a) The federal government exceeded its authority in establishing a national bank, and Maryland's tax was unconstitutional. (b) Maryland was within its authority to tax the federal government, but the Bank of the United States exceeded federal authority. (c) The federal government had the authority to establish a national bank, but it had to pay Maryland's tax. (d) The federal government had the authority to establish a national bank, and Maryland's tax was unconstitutional

D

Federalist No.51

Federalist No. 51 addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government. The idea of checks and balances is a crucial part of the modern U.S. system of government.

Federalist No. 78

Federalist No. 78 discusses the power of judicial review. It argues that the federal courts have the job of determining whether acts of Congress are constitutional and what must be done if government is faced with the things that are done on the contrary of the Constitution.

Heavy Presumption against Prior Restraint

Government censorship of free expression by preventing publication or speech before it takes place. The Supreme Court has established a "heavy presumption against prior restraint" (in other words, it is likely the Court will declare an act of the government that blocks free expression unconstitutional).

US v. Lopez

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce. Before Lopez, the court had greatly expanded Congress' implied powers based on the commerce clause; In Lopez, a student was charged with carrying a gun into a school in violation of federal law; the court held that congress may not use the commerce power to criminalize carrying a gun in a school, because the federal gov could not show that there was any connection between this behavior and interstate commerce

McDonald v. Chicago

Incorporated the 2nd Amendment right to bear arms to the states A Chicago ordinance prohibited the possession of handguns. Otis McDonald, a city resident who lived in a dangerous neighborhood, argued that the 2nd amendment guarantees an individual the right to keep and bare arms; the supreme court struck down Chicago handgun ordinance

Brown V. Board

Outlawed segregation in schools; overturned Plessy vs. Ferguson African American children were required under Kansas law to attend racially segregated schools; the court overturned the separate but equal doctrine, established in Plessy v. Ferguson, which allowed segregation in public accommodations so long as facilities offered to blacks and whites were roughly equal; In Brown, the court held that separate but equal is inherently unequal and unconstitutional under the Equal Protection Clause of the 14th Amendment

Roe v. Wade

The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother's health in the second trimester, and permitted states to protect the fetus during the third trimester. Norma McCorvey was denied an abortion in Texas and challenged the constitutionality of Texas's restrictive abortion law. The supreme court held that the right to privacy protects a woman's right to access an abortion

Shaw v. Reno

The Court ruled that although it was a legitimate goal for state legislatures to take race into account when they draw electoral districts in order ot increase the voting strength of minorities, they may not make race the sole reason for drawing district lines. North Carolina created a congressional district map with two majority minority districts, intended to increase the number of representatives from North Carolina representing African Americans. The court struck down the map, holding that although congressional district maps must comply with the Voting Rights Act of 1965, a district drawn based solely on race must pass strict scrutiny: it must be drawn with a compelling state interest in mind, be narrowly tailored to meet that need, and be the least restrictive means for achieving the goal

McCullock vs. Maryland

The Court ruled that states cannot tax the federal government, i.e. the Bank of the United States; the phrase "the power to tax is the power to destroy"; confirmed the constitutionality of the Bank of the United States. the state of Maryland imposed a tax on a branch of the second bank of the US that operated in the state; the supreme court held that, although the constitution does not specifically grant Congress the power to establish a bank, that power is implied by the necessary and proper clause of Article 1; under the supremacy clause, federal laws are more powerful than state laws

The Constitution of the United States

The written plan of American government and the highest law of the land. The Constitution empowers and limits the U.S. government. Bill of Rights. The first ten amendments to the Constitution guaranteeing rights, including those of religion, speech, press, and privacy. First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens.

Formal Powers of the President

Veto power, command armed forces, pardoning power, appointment powers, make treaties, convene Congress

The Senate Congressional Leadership

Vice President->President Pro Tempore->Senate Majority Leader->Senate Majority Whips-Majority Caucuses VP->President Pro Tempore-> Senate Minority Leader-> Senate Minority whips-> minority caucuses

rational choice voting

Voting based on what is perceived to be in the citizen's individual interest (number 36)

Baker v. Carr

case that est. one man one vote. this decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state the court held that redistricting may be a justiciable question and not merely a political question. courts have the authority to decide redistricting decisions. legislative districts must be equal in population, so that each citizen's vote is equally weighted.

powers of the senate

confirm presidential appointments by a majority vote, ratify (approve) treaties made by the president by a 2/3rds vote (67 senators), hold impeachment trial to remove a president

the exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

pork-barrel legislation

legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return

which of the following clauses serves as the constitutional basis for the federal real ID Act of 2005, a law that established uniform standards for state-issued identification cards and provided regulation of a state function? due process clause establishment clause necessary and proper clause commerce clause

necessary and proper clause

Engel v. Vitale

The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York's schoolchildren. Establishment clause prohibits government sponsorship of or affiliation with religion;

Federalist No. 10

Federalist Paper 10 is all about warning the power of factions and competing interests over the United States Government. Since everyone has their own self-interests, and people's self-interests clash with others', governments have to be able to pass laws for the common good instead of any one specific group. Madison's main argument was that the power of a large republic would be able to control the "mischiefs of faction". Madison advocated for a republic where power was broken up between the national and state governments through elected representatives. In Federalist 10, one of many Federalist essays written to advance the new constitution, Page 2 2 James Madison argued strongly for a pluralist democracy.

Powers of the Judicial Branch

Interprets the constitution and other laws; reviews lower courts decisions or make sure the are being constitutional

concurrent powers

Powers held jointly by the national and state governments.

delegated powers

Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

18th Amendment

Prohibited the manufacture, sale, and distribution of alcoholic beverages

Powers of the President

Serve as commander in chief of the armed forces Commission officers of the armed forces Grant reprieves and pardons for federal offenses (except impeachment) Convene Congress in special sessions Receive ambassadors Take care that the laws be faithfully executed Wield the "executive power" Appoint officials to lesser offices

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

trustee model of representation

a model of representation in which representatives feel at liberty to act in the way they believe is best for their constituents

Implied Powers of Congress

powers that go beyond those enumerated in the constitution. "make all laws necessary and proper for carrying into execution' Article I

Keynesianism

the belief the government must manage the economy by spending more money when in a recession and cutting spending when there is inflation