AP GOV OVERVIEW

Senate

- 100 members - 6 year term - must be at least 30 years old - must have been a citizen for at least 9 years - 100% are elected by the people (17th Amendment) every 2 years - constituency is the entire state - number per state is always 2 - presiding officer is the Vice President of the USA (also president pro tempore) - Special Duties: tries cases of impeachment, approves/rejects presidential appointments, provide advice and consent to ratify treaties

House of Reps

- 435 members - 2 year term - must be at least 25 years old - must have been a citizen for at least 7 years - 33.5% are elected by the people every 2 years - constituency is 275,000 people - number per state is determined by population - presiding officer is the Speaker of the House - Special Duties: impeachment, revenue bills, election of president in case of tie in the Electoral College, approve appointments to the Vice Presidency, approve any treaty that involves foreign trade

14th Amendment

1) Citizenship to country and state for African Americans / all people born in the United States 2) Repeal of 3/5 Compromise 3) Denial of former confederate officials from holding national or state office 4) Repudiate (reject) confederate debts Equal Protection Clause Due Process Clause

Letter from Birmingham Jail

A letter written by Martin Luther King Jr. after he had been arrested in Alabama when he took part in a nonviolent march against segregation for the NAACP. It is directed to White Clergymen who questioned his timing and methods. This document is a call to action for the ideas of the other foundational documents to be upheld. It lists grievances paralleling those of the Declaration of Independence and explains why the civil rights movement was necessary. MLKJ calls for Natural Rights to be applied to all people, equally; these trump man made laws and justify civil disobedience. MLKJ argues that time doesn't fix things, action does. He advocates for civil disobedience: a person's responsibility to break unjust (unequal/discriminatory) laws. He argues that nonviolent, direct action which cannot be ignored it necessary. He calls out the "white moderate" and religious supporters for preventing real change because impassivity is worse than racist passion.

Articles of Confederation

A weak constitution that governed America during the Revolutionary War. Ratified in 1777 during the 2nd Continental Congress. This was a loose confederation, no strong central government. The federal government COULDN'T collect taxes, regulate interstate commerce, regulate foreign trade, there was no executive or legislative branch, each state got one vote. Congress COULD declare war, appoint military officers, sign treaties, make alliances, appoint foreign ambassadors, and manage native american relations. The goal was to keep power entirely in the states.

13th Amendment

Abolition of Slavery and Involuntary Servitude

Brutus 1

Anti-Federalist essay arguing against the ratification of the Constitution. It argued that a large national government would take rights away from states and the people and that power could not be taken back once it was given away. It addressed the failure of the Articles of Confederation yet still opposed a large central government. Some main concerns were the Necessary and Proper Clause, the ability to raise a standing army, the destruction of liberty, and federal control over the economy. Brutus 1 argued that because America was so large and diverse, nothing would ever get done and the new republican country would eventually fail. Brutus argued against factions saying that they would destroy personal liberty and opinion.

6th Amendment

Benefit you IN the courtroom. Right to an attorney (incorporated in Gideon v. Wain..), speedy and public trial, right to be informed of charges, right to confront witnesses. Rights of the Accused.

15th Amendment

Citizens cannot be denied the right to vote because of race, color, or previous condition of servitude. Effectively gave black men the right to vote.

Brown v. Board of Education

Constitutional Issue: 14th Amendment (Equal Protection Clause) Facts: Linda Brown was denied access to a close white school and forced to attend a far away black school. This was justified by Plessy v. Ferguson which had declared "separate but equal". The chief justice of the court was Earl Warren. Thurgood Marshall, head of the NAACP, brought up important social experiments proving that separation was "inherently unequal" and caused physiological damage. Ruling: unanimously overturned Plessy v Ferguson since segregated facilities are "inherently unequal" and violated the 14th Amendment. This was fought hard because wording of "deliberate speed" allowed southern states to ignore the ruling.

Shaw v. Reno

Constitutional Issue: 14th Amendment (Equal Protection Clause) Facts: NC was racial gerrymandering which resulted in oddly shaped districts that packed black people together for "more representation". Ruling: Court ruled that states cannot intentionally draw districts to help or hinder any individuals based on race. States can consider race and party politics but these cannot be deciding factors. The case was a question of color blindness or racially consciousness. The court upheld voting rights at the cost to black people.

Baker v. Carr

Constitutional Issue: 14th Amendment (Equal Protection Clause), Justiciable Dispute v. Political Question. Facts: Tennessee and several other states drew up unequally populated districts in order to disenfranchise minorities. Ruling: Congress ruled that congressional boundaries shouldn't be left up to states on the basis of "one person, one vote". Congress ruled that malapportionment violated the EPC and since it was a voting rights issue it was also a constitutional issue. Opposition argued that districts are a state's rights issue not a federal issue since its political, so the court should have no jurisdiction.

Wisconsin v. Yoder

Constitutional Issue: 1st Amendment (Free Exercise Clause), 14th Amendment (Due Process Clause, Incorporation Case) Facts: Amish parents stopped sending their children to school after 8th grade for religious reasons. This violated Wisconsin's compulsory attendance laws. The parents were all fined. Ruling: Compelling Amish children to attend school violated the Free Exercise Clause because WI law interfered with "legitimate" religious beliefs and the Amish children not going to school had no negative impact on society as a whole.

Citizens United v. Federal Election Commission

Constitutional Issue: 1st Amendment (Free Speech) Facts: Citizens United produced a political movie in order to electioneer and it violated BCRA since the movie was political in nature and not commercial and political ads were restricted under BCRA. CU argued that money IS speech and BCRA violated their 1st Amendment right to Free Speech. Ruling: 5-4 decision in favor of CU. Effectively says that corporations and unions are people too meaning the Bill of Rights also applies to them. Upheld the decision in Buckley v. Valeo (Speech = Money) and ruled that limiting independent expenditures via BCRA is unconstitutional. As a result of this case, SuperPacs / 501cs formed.

New York Times v. Us

Constitutional Issue: 1st Amendment (Freedom of Press) Facts: During the Vietnam Era, the NYTimes got hold of the Pentagon Papers which were a government analysis of the ineffectiveness of the Vietnam War. Nixon attempted to block their publication. Ruling: Since the papers didn't cause "grave and irreparable damage" the free press could not be stopped. The court ruled with heavy opposition to prior restraint as it hinders true democracy.

Schenck v. US

Constitutional Issue: 1st Amendment (Freedom of Press) Facts: Schenck wrote an anti-draft pamphlet encouraging others to avoid the draft. This violated the Espionage Act and he was arrested. Ruling: The court ruled that the Espionage Act was a constitutional law. They also ruled that since Schenck encouraged action his freedom of speech could be restricted as it presented a "clear and present danger" This created the precedent of increased governmental control in war time as well as the idea that freedom of expression can be limited.

Engel v. Vitale

Constitutional Issue: 1st Amendment (Freedom of Religion, Establishment Clause), 14th Amendment (Due Process Clause) Facts: Public NY schools encouraged students to pray each morning. The state argued that since it was an optional nondenominational prayer it was constitutional. Students had the choice to leave classrooms or remain silent if they wanted. Ruling: Court ruled that this prayer violated the Establishment Clause by breaching the "wall of separation" since there is no compelling interest in students being encouraged to pray. Students would feel pressured to participate as they are a "captive audience", therefore it wasn't truly voluntary in the first place.

Tinker v. Des Moines

Constitutional Issue: 1st Amendment (Symbolic Speech), 14th Amendment (Due Process Clause). Facts: Senator Kennedy called for a Christmas Truce in Vietnam. The Tinker family supported this by wearing peace armbands to school as a form of symbolic speech and political protest against the Vietnam war. The students were suspended. Ruling: Supreme Court ruled that students do not give up their freedom of speech when they enter school grounds. The "Substantial Disruption Test" was created to ensure students rights were protected unless their speech interfered with discipline in a "material and substantial" manner. Limits on speech must prove the educational environment has or will be negatively impacted.

McDonald v. Chicago

Constitutional Issue: 2nd Amendment, 14th Amendment (Due Process Clause, Incorporation Case) Facts: McDonald wanted to buy a gun to defend himself but Oak Park and Chicago Law made it extremely difficult to lawfully possess and register firearms. A case of Personal Liberty vs Social Order Ruling: The Court ruled that excessive gun control laws are unconstitutional, especially since McDonald was just trying to exercise his right to self defense. This case incorporated the 2nd Amendment and many states had to rewrite their laws.

Gideon v. Wainwright

Constitutional Issue: 6th Amendment, 14th Amendment (Due Process Clause). Facts: Clarence Gideon broke into a pool house in FL and stole some change and broke some stuff. He was sentenced to extensive time for the conviction of a felony and was not provided a lawyer by the state. Ruling: Court ruled that all states must provide a lawyer when a person is charged with a felony. This case incorporated the 6th Amendment via the Due Process Clause

Roe v. Wade

Constitutional Issue: 9th Amendment (Right to Privacy) Facts: Jane Roe was denied an abortion in Texas because her life wasn't in danger so Texas law would not allow her to obtain an abortion. Ruling: Court ruled that Texas law, and others like it, violated the implied Right to Privacy in the 9th Amendment. A woman was given the right to unrestricted access to abortions in their 1st trimester. Many states had to rewrite their laws to comply to the Supreme Courts suggested system of different levels of acceptance for abortion based on trimester and mother's safety.

US v. Lopez

Constitutional Issue: Article 1 (Commerce Clause) Facts: A high school student was arrested for bringing a gun to school. He was arrested for violating the Gun-Free School Zone Act of 1990 which prohibited the sale of guns with a certain proximity to schools Ruling: In a 5/4 decision the court ruled that Congress does not have the power to regulate guns in schools via the Commerce Clause and that they had overstepped their boundaries in regards to regulating interstate commerce which could lead to a slippery slope of excessive legislative power,

Marbury v. Madison

Constitutional Issue: Authority given to the Supreme Court under Article III. Facts: President Adams appointed a series of midnight judges at the end of his term. When Marbury was not delivered his commission the case was brought to court. John Marshall was chief justice and couldn't decide either way. Ruling: Marshall ruled the Judiciary Act of 1789 partly unconstitutional because it gave the Supreme Court too much power that was outside its original jurisdiction. This case established the principal of Judicial Review using the Supremacy Clause to back it up.

McCulloch v. Maryland

Constitutional Issue: Necessary and Proper Clause, Article VI / Supremacy Clause. Facts: Alexander Hamilton Congress created a national bank. Maryland tried to tax that national bank. Both decisions were brought to the court. Ruling: Court ruled that the Necessary and Proper clause allowed the creation of the National Bank under the idea that it is an Implied Power. John Marshall describes "necessary" as "legitimate and proper". He uses the Supremacy Clause to deny states the power to tax the national bank.

5th Amendment

Criminal Proceedings BEFORE you enter the court. Due Process, Grand Jury for federal offenses (Grand Jury decides if there will be a trial), No double jeopardy, can't be forced to testify against oneself (no self incrimination), eminent domain (government has the right to take private property for public use). Remember Miranda rights. Rights of the Accused.

24th Amendment

Eliminated the poll tax as a prerequisite to vote in national elections. 1964.

17th Amendment

Established the direct election of senators (instead of being chosen by state legislatures). Qualifications / terms of being a senator.

Article II

Executive Branch: President's enumerated powers, implied powers, impeachment, electoral college (gives space between office and people). The presidents enumerated powers are serving as head of military, granting pardons, making treaties, recognizing foreign nations, signing or vetoing legislation, nominating and appointing officials. Commander in chief, head diplomat, and chief executive.

Article V

Formal Amendments: how to amend the Constitution. i. Proposed by 2/3 of Congress or National Convention ii. Ratified by 3/4 of State Legislature or State Convention (used only once for 21st Amendment) There are 27 Amendments

19th Amendment

Gave women the right to vote.

Article III

Judicial Branch: outlines powers and structure of the Judicial branch but is extremely vague and uninformative. Judges selected by president and approved by the senate, lifetime appointments, impeachment for judges.

Article I

Legislative Branch: Lists the enumerated powers. Necessary and Proper Clause, Commerce Clause, Power to Tax, Electoral Process, Prohibits Bills of Attainder, Requires Habeas Corpus, Prohibits Ex Post Facto Laws

26th Amendment

Lowered the voting age from 21 to 18, States cannot deny the right to vote.

8th Amendment

No cruel or unusual punishment (Furman v. GA, Gregg v. GA: death penalty cases). No excessive bail. Rights of the Accused.

4th Amendment

No illegal search and seizure without probable cause / a warrant. Remember the Exclusionary Rule from Mapp v. Ohio. Rights of the Accused.

3rd Amendment

No quartering of soldiers/troops

10th Amendment

Powers Reserved to the States

1st Amendment

RAPPS: Freedom of Religion, Speech, Press, Assembly, and Petition, Establishment Clause, Free Exercise Clause

Article VII

Ratification Process: of the Constitution itself. Required 9/13 states to approve it through State Conventions.

2nd Amendment

Right to bear arms

7th Amendment

Right to jury in civil trials.

Article IV

States Responsibilities: discusses full faith and credit, privileges and immunities, extradition, process for admitting new states, requires republican form of government within each state.

Article VI

Supremacy Clause: When states are at conflict with federal law, federal law always trumps state law. The Constitution, Federal Laws, and Treaties are the supreme law of the land, in that order. With this Article, the federal government took on all the colonies debts, outlaws religious tests when being sworn in as a member of the government, and required oath/affirmation to the Constitution when being sworn in.

9th Amendment

Unenumerated Rights. Includes Right to Privacy.

Fed 78

Written by Hamilton, this essay is a discussion on the Judicial Branch. Hamilton says the judiciary will be impartial since it's sole goal is to uphold the constitution and it is not dependent on the American people of the other branches, therefore it has no incentive for biased ruling. He argues for lifetime terms for judges in order to retain an independent judiciary (not dependent on the other 2 branches to keep their jobs) with the power of judicial review. Judges can still be impeached. Hamilton says the Judicial Branch will be the weakest since it has "neither the power of the sword or purse", meaning it cannot write or enforce law, only interpret it. It has "neither force or will, but merely depends on judgement".

Fed 70

Written by Hamilton. 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 the presidency, speed in times of crisis, secrecy, and an energetic/forceful presidency. Other main points include the idea of impeachment and the fact that the president won't abuse his power since he is dependent on the people for reelection.

Fed 10

Written by Madison about factions. Madison feared minorities would be overruled by the majority. ​He argued that factions will always exist because "liberty is to factions as air is to fire", so the only options are to destroy liberty/factions or find a way to control them. The way Madison believes to preserve personal liberty is to allow factions to form and trust that a big, diverse country would preserve liberty because it would be harder for any one faction to gain power over the others. It is a pro-republic document that also argues against direct democracy.

Fed 51

Written by Madison about separation of powers and the system of checks and balances. It is about sharing power to prevent tyranny. Madison wanted the government constructed in a way that would account for the selfish nature of its citizens and leaders. The paper outlines the system of checks and balances between the 3 branches of government and how this system would prevent tyranny of the majority/minority. "if men were angels, no government would be necessary" "ambition must be made to counter ambition"

Declaration of Independence

Written by Thomas Jefferson in 1777. Includes 4 parts; the preamble, theory of government, list of grievances, and the conclusion. This is Americas first foundational document which formalizes their separation from England, justifies the revolution, explains the grievances with the King's abuse of power, introduces Inalienable rights (derived from natural rights), and re enforces the social contract. The purpose of this document was to rally troops and secure foreign allies for America. It established American Political Culture (Rule of Law, Liberty, Limited Government, Consent of the Governed, Individualism, Popular Sovereignty).