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)