Ap Gov. Term 1 Exam

the 14th Amendment is of what year?

1868

Civil rights Act (1964)

1964; banned discrimination in public accommodations based on a person's race, color, religion, or national origin

Searches/Seizures is from which Amendment?

4th Amendment

Miranda Rights

A list of rights that police in the United States must read to suspects in custody before questioning them (Remain silent, Attorney, etc.)

Federalism

A system in which power is divided between the national and state governments

The 2nd Amendment reads in text:

A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed

Americans with Disabilities Act (1990)

Bans job discrimination against disabled if "reasonable accommodation" can be made and requires access to facilities for handicapped. States are liable for failure to comply

Title IX of the Education Amendment Act of 1972

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

de jure segregation

"by law"- Jim Crow laws that legally separated citizens by race

de facto segregation

"in reality"- housing patterns where predominantly single race neighborhoods exist

Exps. of State Advantages

10th Amendment's Reserved Powers Clause, and Devolution

Civil War Amendments

13th (formal emancipation), 14th (granted citizenship), 15th (guaranteed right to vote)

Citizenship Clause

14th Amendment; All persons born or naturalized in the United States, and subject to the jurisdiction, thereof, are citizens of the United States and of the state wherein they reside (You're a U.S. citizen)

Privileges and Immunities Clause

14th Amendment; No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States (States can't take away your rights as a U.S. citizen)

Equal Protection Clause

14th Amendment; nor deny to any person within its jurisdiction the equal protection of the laws (And everyone within the U.S. is protected by its laws... including the Bill of Rights)

Due Process Clause

14th Amendment; nor shall any state deprive any person of life, liberty, or property, without due process of law (If states want to, you have to go through legal system)

Checks and Balances

Allows branches of government to restrain or stop each other's powers

Barron v. Baltimore (1833)

Bill of Rights applies only to the national government; does not restrict states' power to deny rights

required Segregation case

Brown v. Board of Ed.

"Strings attached" are called what?

Conditions of Aid; goes along with Categorical Grants

Necessary and Proper Clause

Congress can take action if its necessary, even if not enumerated (listed) in the Constitution

Brutus 1

Constitution will create a federal government that will "possess absolute and uncontrollable power...", Necessary and Proper Clause and Supremacy Clause mean states will be powerless

Why is Federalism useful?

Decentralizes our policies

Participatory Democracy

Emphasizes broad participation in politics by all demographics of citizens

Elite Democracy

Emphasizes limited political participation by the majority of people

Voting Rights Act (1965)

Ended Jim Crow restrictions; Empowered federal. officials to register voters, to count ballots, and to prohibit states from changing procedures without federal permission

Welfare Reform Act (1996)

Ended federal entitlement status of welfare - In its place, feds gave block grants to states to administer welfare; Recipients must work within 2 years; cannot receive benefits for more than 5 years

Popular Sovereignty

Ensures that government serves the people and people have voice in government

Branches of Government

Executive, Legislative, Judicial

Clean Air Act (1970)

Feds set emissions/pollution goals that states have freedom to design programs to meet

required Criminal Rights case

Gideon v. Wainwright (1963)

Abortion Rights cases

Griswold, Roe, Casey

Pluralist Democracy

Groups outside of the government work to impact political decisions

Exp. Federalism Conflicts

Illegal Immigration, Education and Testing, Same Sex Marriage, Environmental Regulations, Abortion, COVId-19 Response

Affirmative Action

In order to increase access to education and job opportunities for members of groups that are historically discriminated against, affirmative action programs try to ensure that those groups get extra special access to jobs and schools in order to promote equality of opportunity

Asian Americans supreme court case

Korematsu v. United States (1944)

Gay rights cases

Lawrence v. Texas (2003), United States v. Windsor (2013), Obergefell v. Hodges (2015)

required Second Amendment case

McDonald v. City of Chicago (2010)

5th Amendment: Self-Incrimination case

Miranda v. Arizona (1966); Aimed at protecting suspects from self-incrimination during critical time between arrest and arraignment

required Freedom of the Press case

New York Times Co. v. United States (1964)

10th Amendment

Powers not enumerated (Listed in the Constitution) are automatically reserved or set aside for the states

Separation of Powers

Prevents the concentration and abuse of power in one branch of government

Dual federalism (layer cake federalism); 1789-1937

Programs and authority are clearly divided among the national, state, and local governments

Cooperative Federalism (marble cake federalism); New Deal-Present Day

Programs and authority are mixed among the national, state, and local governments

8th Amendment: "Cruel and Unusual", what are cruel and unusual executions?

Rape, Insane, Mental retardation, Under 18 at time of crime, Non-murder crimes, and Lethal Injection

Americans With Disabilities Act

Requires employers and public facilities to make "reasonable accommodations" for the disabled and prohibits discrimination

required Abortion case

Roe v. Wade (1973)

required Freedom of Speech case

Schenk v. U.S. (1919)

No Child Left Behind (2002)

States must adopt education accountability standards, and must annually test students; Fed sanctions against schools that fail to meet adequate yearly progress

Exps. Federal Dominance over "States Rights"

The Civil War, The Civil Rights Movement, and and Supreme Court Case Brown v. Board of Ed.

4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Suffrage

The right to vote is extended to women through the 19th Amendment (1920)

required Free Speech in School case

Tinker v. Des Moines (1969)

Federalist No. 15

defends checks and balances system, "If men were angels, no government would be necessary."

Mandates

direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of a federal grant; often times, these mandates are unfunded, leaving the states to bear the full cost of the mandate; Exp. No Child Left Behind

Conceptions of Equality

equal opportunity and equal results

Freedom of the Press

free press is another "check" against political abuse - the 4th Branch

Block Grants

given more or less automatically to support broad programs and give states broad discretion; Exp. TANF (welfare)

Establishment Clause

no official state religion

Civil Rights

policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals based on race, age, disability, gender, sexual orientation, or gender identity

Free Exercise Clause

practice any religion

Civil rights do what?

protect us from each other; NOT TO BE CONFUSED WITH CIVIL LIBERTIES

Civil Liberties do what?

protect us from the government; NOT TO BE CONFUSED WITH CIVIL RIGHTS

Bill of Rights (1791)

protects citizens from the abuses of government

Wall of Separation

separates Church and State

selective incorporation

the gradual application of the Bill of Rights to the state level

Devolution

the process of transferring power and responsibilities from the federal to the state level

Federalist 10

tyranny would be avoided by the many factions, factions forced to negotiate/compromise, large size and diversity of country make it difficult for factions to gain control over others

Categorical Grants

used for specific purposes; typically have strings attached; Exp. States lose 10% of their highway grant money if they have a drinking age less than 21

Jim Crow Laws

used to disenfranchise blacks: white primary, poll tax, literacy tests, grandfather clauses (protected poor and illiterate whites)