AP Government Course Review

Constitutional Convention Compromises (1787)

* Convention called to initially amend the Articles of Confederation *Delegates came up with two major compromises that resulted in the adoption of a new Constitution *Great Compromise established a bicameral legislature. It was called the Connecticut Plan. It merged the New Jersey Plan, which advocated a single chamber with equal representation and the Virginia Plan that favored a single chamber based on population *The Three-Fifths Compromise settled the issue of slave representation. Three-fifths of the slaves would be counted for representation purposes; fugitive slave laws extended and ban on slave trade *No tariffs between states or on exports

Glass Ceiling

*"Breaking the glass ceiling" refers to women and minorities being able to break through what are considered unofficial barriers in business, the workplace, politics, and society *Historically, women have not been given positions such as chief executive officer. They have not been given positions on Boards of Directors and have earned less money than men working in the same job *Over the past 20 years, there have been major gains made by women as corporate officers, business owners, and elective office holders

Title IX of the Education Amendments of 1972

*Act provided that there could not be discrimination based on gender in any federally funded program *As a result of Title IX, there became parity between men and women in high school and college athletic and curricular programs *School systems had to appoint a Title IX coordinator to ensure enforcement of the regulations *School systems had to conduct a self-evaluation and correct any inequities that existed in their programs *Due to Title IX, there have been major advances made by women in athletics and in achieving higher education degrees

Bill of Rights (1791)

*Adopted two years after the ratification of the U.S. Constitution after delegates tot eh Constitutional Convention agreed to the concept of a Bill of Rights as the first ten amendments to the Constitution *Established the basic definition of civil liberties-those rights that government cannot take away *established an individual's due process rights and uses similar language from the Declaration of Independence to protect individuals against the government depriving them of "life, liberty and property without due process" *The Bill of Rights initially applied only to laws passed by the federal government. As a result of Supreme Court cases in the twentieth century, the Bill of Rights was applied to the states through selective incorporation

Affirmative Action

*Affirmative Action is giving equal opportunity to individuals to attend schools, obtain employment, and housing that were denied as a result of race *The theory behind affirmative action programs is that the government is creating a level playing field and making up for past inequities *A goal of affirmative action programs is the creation of diversity in society *Affirmative action programs can be race-based but cannot utilize quotas to achieve its goals *Originally, affirmative action programs were aimed at African Americans but they were later expanded to include other minority groups

Civil Rights for African Americans

*African Americans had to fight segregation resulting from Jim Crow laws and the Supreme Court decision in Plessy v. Ferguson *The equal protection clause of the Fourteenth Amendment was the constitutional argument used in court cases *President Truman sent a signal that segregation was wrong when he ordered the Army to integrate in 1948 *The 1950s saw African Americans participate in civil disobedience. The Supreme Court changed the course of the civil rights movement in the landmark case Brown v. Board of Education in 1954. Rosa Parks refused to sit in the back of a bus in 1955, an act of defiance that triggered the civil rights movement *Congress responded to the call by the Reverend Martin Luther King at the 1963 March on Washington by passing the historic Civil Rights Act of 1964 and the Voting Rights Act of 1965

The Brady Law (1994)

*After President Reagan's press secretary, Jim Brady, was shot during the assassination attempt on Reagan, he and his wife led a campaign to establish legislation that would create a system of instant background checks before someone could purchase a gun *Congress passed the law in 1994 and sates were required to fund the implementation of the background checks until the federal government was able to do so *Police officials in Arizona challenged the law because they felt that the law placed an unfair burden on the states to fund the program. the case reached the Supreme Court as Printz v. U.S. (1996) *The court ruled that the provision requiring state funding was unconstitutional because it violated federalism principles. The federal government created a computerized instant background check and the states did not have to fund the program

Elastic Clause

*Also known as the "necessary and proper" clause *Found in Article I, Section 8, Clause 18 of the Constitution *Gives Congress an implied power to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers..." *Enables Congress to expand its powers and makes the Constitution a document that changes with the times Example: Congress using the elastic clause applying it to the interstate commerce clause to pass civil rights legislation

Martin Luther King Jr.

*Became the main spokesperson for the civil rights movement in the 1950s and 1960s, advocating civil disobedience as the means to achieve the goals *Led Montgomery Bus boycott in 1955 *Founded the Southern Christian Leadership Conference in 1957; named the first president of the Conference *Led the March on Washington in 1963 and gave the famous "I have a dream" speech before hundreds of thousands of marchers *Named the winner of the Nobel Peace Prize in 1964 *Led a voting rights demonstration in Selma, Alabama, in 1965 *Was assassinated in 1968 in Memphis, Tennessee by James Earl Ray

No Child Left Behind Act (2001)

*Created increased accountability for school districts by establishing national testing in English and Math in Grades 3-8. States would pay for the training and testing of students, an unfunded mandate *New tests in high school science *Increased training for teachers *Schools that do not measure up to federal standards would lose federal aid in the Head Start preschool program; Charter schools could also be created *Parents of students attending failing schools would have a choice about where to send their students *Some states challenged the law claiming it was an unfair burden on them to provide the monetary resources

Shays' Rebellion (1786-1787)

*Daniel Shays' was a veteran of the American Revolution and a farmer who found himself in debt *He lead an insurrection against the Massachusetts government after his farm was put up for auction because he was unable to pay taxes *Because of the weaknesses of the Articles of Confederation, the national government could not respond to this uprising *Shays' army was defeated by the state militia after a year

De facto and De jure Segregation

*De facto segregation is segregation of schools, housing, and other facilities through circumstances not as a result of law *De facto segregation is not illegal. However, Congress has passed legislation such as the Civil Rights Act of 1964 and the courts have made rulings that made aspects of this practice illegal *De jure segregation is segregation resulting from laws passed by state governments such as Jim Crow laws and decisions made by the Supreme Court such as Plessy v. Ferguson *De jure segregation is illegal as a result of laws passed by Congress and court decisions

Gibbons v. Ogden (1824)

*Decided by the Marshall court in 1824 *Facts: Congress awarded a navigation contract to Gibbons to operate a ferry service between new York and New Jersey. New York awarded an exclusive contract to Ogden to run a ferry service, also between New York and New Jersey. Ogden claimed that since he was given a monopoly he had the right to run the service *Issue: Who had the authority to grant interstate commerce rights, the federal or state government? *Decision and significance: The court decided that Congress has the authority, using the interstate commerce clause, to regulate interstate commerce and awarded the rights to Gibbons. This landmark case established congressional authority in the area of interstate commerce *Future cases challenged federal law that tried to expand the interstate commerce clause and give the federal government increased power

Grants -in-aid

*Defined as the money provided by the federal government to the states for specific purposes *They include categorical grants that are defined as federal aid that meet the criteria of a specific category (for example-education, health, welfare) and have specific criteria attached to them

Americans with Disabilities Act (1990)

*Defined disability as "a physical or mental impairment that substantially limits one or more major life activities" *Required employees, schools, transportation systems, public buildings to reasonably accommodate the physical needs of handicapped individuals by providing such things as ramps, elevators, and other appropriate accommodations *Made it illegal for employers to discriminate against the handicapped requiring employers to protect the rights of the disabled by providing accommodations for those workers *The Equal Employment Opportunity Commission enforces the law *Law has generated litigation (lawsuits) against employers and municipalities regarding what accommodations must be made to the disabled *States have had to provide funding to make public accommodations available

Legislative Powers

*Defined in Article I, Section 8 *Collect taxes, pay debts, borrow money, coin money, make laws dealing with counterfeiting *Regulate interstate and foreign commerce *Establish an army, create a national guard, declare war, punish piracy *Establish a post office; Make copyright laws *Make laws dealing with immigration and naturalization *To make all laws "necessary and proper" also known as the elastic clause

Due Process Principles

*Due process established in the Constitution through habeas corpus protection. Habeas corpus is Latin for ""presenting the body."" Its application to the law is that an individual cannot be detained without being charged with a crime *Habeas corpus can be suspended by Congress during war *Habeas corpus rights also guarantee individuals the right to appeal a conviction *Due process guarantees that an individual is protected from unfair treatment by the government from arrest though conviction *The Sixth, Seventh, and Eighth Amendments to the Constitution give individuals protections related to obtaining a lawyer, the trial process, and the sentencing if a person is found guilty

Checks and Balances

*Each branch of government has specific delegated powers given to them in the Constitution *These powers limit the power of another branch of government *Examples: President appoints officials; Senate must confirm them; president is commander-in-chief; Congress declares war; Congress passes legislation; president signs or vetoes legislation; Supreme Court decides whether legislation is constitutional

Theories of Government

*Elitist theory - a small segment of the society dominated by the wealthy property owners who control the institutions of government *Pluralist theory - different groups working together through compromise *Majoritarian theory - also called direct democracy, a majority vote that determines policy usually in the form of a referendum or initiative

Enumerated, Delegated, Implied, and Concurrent Powers

*Enumerated and delegated powers are those powers that are listed in the Constitution and given to the Legislative Branch *Implied powers are those powers that expand the scope of the Congress, the President, and the Supreme Court *The implied power for Congress is the Elastic Clause. The implied power for the president is the inherent power and the assumed power for the Supreme Court is judicial review *Concurrent powers are those powers that both the federal government and state government have in common such as a court system and the power to tax

Fifth Amendment

*Establishes individual procedural rights *These rights include: 1. an indictment obtained by the police that charges a person with a crime 2. a protection against double jeopardy (being tried for the same crime twice) 3. the right of an individual not to testify against himself, also called "taking the Fifth" 4. the guarantee of due process before a person's life, liberty, or property can be taken 5. Just compensation by the government if property is taken from an individual, called eminent domain

Lemon v. Kurtzman (1971)

*Facts: A Pennsylvania law allowed state financial support, such as textbooks and teacher salaries, for secular subjects taught in parochial schools *Issues: Did the Pennsylvania law violate the First Amendment's establishment clause? *Decision: The court ruled that the state violated the separation of church and state by providing aid to parochial schools *The court also developed a three-prong test as criteria for determining whether the establishment clause has been violated 1. Purpose of the legislation must be secular, not religious 2. Primary effect of the legislation must neither advance nor inhibit religion 3. The legislation must avoid an excessive entanglement of government with religion

Regents of the University of California v. Bakke (1978)

*Facts: Alan Bakke, a white student, applied to admission in the University of California's medical school. His scores on the admission tests were not high enough to get admitted but higher than the standard used by the school to accept a quota of minority students. Bakke claimed that there was reverse discrimination *Issue: Whether the Fourteenth Amendment's equal protection clause applied to Bakke even though he was not part of a minority. Whether the practice of setting aside 18% of its seats for minority students was constitutional *Decision: The Supreme Court ruled that Bakke should have been admitted to the school. The Court also decided that quotas were unconstitutional but that race could be used as a factor for admission to colleges and universities

U.S. v. Lopez (1995)

*Facts: Congress passed the Gun Free Zone Act in 1992. It prohibited anyone from possessing a gun within 1,000 feet of a school. Lopez was charged with violation of the law and was convicted *Issue: Did Congress have the authority under the Commerce Clause to pass this law? *Opinion: The court decided that the law was unconstitutional because it violated the Tenth Amendment's reserve power clause. The court ruled that the act had nothing to do with interstate commerce and the authority to pass such legislation rested with the states

New York Times v. United States (the Pentagon Papers Case) (1971)

*Facts: Daniel Ellsberg leaked a secret Pentagon study of the Vietnam War that was published by The New York Times and Washington Post. President Richard Nixon obtained an injunction against both papers that forced the papers to stop publication of the material. Nixon claimed that the release of the Pentagon Papers would hurt national security during the Vietnam War *Issue: Whether the publication of the Pentagon Papers was protected by the First Amendment's free press clause *Decision: The court ruled that The New York Times and Washington Post had the right to publish the Pentagon Papers and that the government misused its authority of "prior restraint" when it asked the courts to censor the publications

Mapp v. Ohio (1969)

*Facts: Dolree Mapp accused police of obtaining evidence used against her without a valid search warrant *Issue: Whether illegally obtained evidence can be used in a trial *Decision: Mapp v. Ohio established the exclusionary rule: if the police obtained evidence without a valid search warrant it would not be admissible in court; characterized illegal evidence as "fruit of the poisonous tree"

Dred Scott v. Sanford (1856)

*Facts: Dred Scott was a slave who was taken to a free state that was made free as a result of the Missouri Compromise. He claimed that he was no longer a slave as a result of the fact that he lived in a free state *Issue: Whether Scott was a slave because he was living in a free territory *Decision and Significance: Roger Taney, writing for majority decision, ruled that Scott was a slave because he did not enjoy protections guaranteed to citizens in Article III of the Constitution and that slaves were property *The Court also ruled that the Missouri Compromise was unconstitutional. This ruling became a catalyst for the start of the Civil War

Gideon v. Wainwright (1964)

*Facts: Earl Gideon was accused and convicted of robbery, a felony under Florida law. He could not afford a lawyer and was forced to defend himself *Issues: Whether Gideon's Fifth Amendment due process rights and Sixth Amendment right of assistance of counsel were violated *Decision: The Court ruled that Florida had to provide Gideon with an attorney. While in prison, Gideon did legal research and submitted to the Supreme Court a "pauper's brief," an appeal written by a person who could not afford an lawyer *Significance: As a result of this case, the accused were guaranteed the right to an attorney

Miranda v. Arizona (1966)

*Facts: Ernesto Miranda was charged and convicted of rape and kidnapping. During his interrogation he was not told what the consequences would be if he answered questions. He was never told he could ask for a lawyer during the questioning. Ultimately he signed a confession. *Issue: Whether Miranda's due process rights were violated as a result of the interrogation techniques used by the police *Decision and significance: The Court in a landmark decision ruled that Miranda's confession was illegally obtained. It also ruled that the police had to inform an individual at the time of arrest the rights from the Fifth Amendment including the right to remain silent, that anything said could be used in court, that there is a right to consult with a lawyer, and a lawyer will be provided if the accused could not afford one

Texas v. Johnson (1989)

*Facts: Gregory Lee Johnson was arrested for burning a United States flag protesting Ronald Reagan's policies and his nomination for a second term outside the Republican National Convention in Dallas. He was accused and convicted of breaking a law that prohibited the "desecration of a venerated object" *Issue: Whether Johnson's protest represented symbolic speech under the First Amendment *Decision: The court ruled 5-4 that burning the flag for the purpose of political protest was symbolic speech and constitutional *Significance: Congress failed to pass a constitutional amendment banning flag burning after a national law that prohibited flag burning was also ruled unconstitutional

Griswold v. Connecticut (1965)

*Facts: Griswold, the Executive Director of Planned Parenthood of Connecticut, was convicted for violating a Connecticut law that made it illegal to give information to married couples regarding birth control *Issue: Whether Connecticut's law violated the Fourth Amendment's right to be "secure in their persons" as a result of the counseling that was done *Decision and significance: The Supreme Court ruled that the law prohibiting obtaining information about birth control was illegal under the Fourth Amendment *The Court ruled that there was an inferred privacy right given to people in the Fourth Amendment

Plessy v. Ferguson (1896)

*Facts: Homer Plessy challenged a Louisiana state law that banned blacks from the first-class section in a train. Even though Plessy had only "10%" African American ancestry, he was denied a first-class ticket *Issue: Whether the Fourteenth Amendment's equal protection clause made Louisiana's law unconstitutional *Decision and Significance: The Supreme Court ruled that the law was valid because the law did not violate the equal protection clause since Louisiana was providing separate but equal accommodations *The significance of this decision was that the "separate but equal" doctrine became acceptable treatment for African Americans

Brown v. Board of Education of Topeka, Kansas (1954)

*Facts: Linda Brown was refused admission to an all-white school because the Topeka Board of Education made the case that the school she was attending had separate but equal facilities. Thurgood Marshall, a lawyer for the NAACP (National Association for the Advancement of Colored People) argued the case for Brown *Issue: Whether Topeka's segregation policies violated the Fourteenth Amendment's equal protection clause *Decision: In a landmark unanimous decision, the Supreme Court ruled that "separate but equal was inherently unequal." It ordered an end to school segregation ""with all deliberate speed" *Significance: Even though the Court ordered an end to school segregation, the change to integration took decades

Tinker v. Des Moines (1969)

*Facts: Mary Beth Tinker was suspended from school for wearing a black armband protesting the Vietnam War *Issue: Whether the protest represented symbolic speech under the First Amendment *Decision: The court ruled that the suspension was unjustified and that the black armband represented symbolic speech that was protected under the First Amendment. The court stated that student rights "do not stop at the schoolhouse gates" but also recognized that schools had the right to intervene if there was a "material and substantial" disruption of the school environment *This was the first in a number of cases that raised the issue of whether students attending public schools were protected by the Bill of Rights

Engle v. Vitale (1992)

*Facts: New York State had a mandatory requirement that all students must recite a nondenominational prayer that started with "Almighty God we acknowledge our dependence on thee..." each day along with the Pledge *Issues: Whether the establishment clause was violated by New York State *Decision: The court struck down the prayer, ruling that it violated the First Amendment's separation of church and state Related cases: Lee v. Weisman-1992-clergy at graduation ceremonies unconstitutional; Santa Fe Independent School District v. Doe-2000-school led prayer prior to a football game unconstitutional

Roe v. Wade (1973)

*Facts: Norma McCorvey, using Roe as a pseudonym, violated Texas state law that banned all abortions *Issue: Did Texas state law violate a woman's right to privacy that was established in Griswold v. Connecticut? *Decision and Significance: The Supreme Court ruled that women had the constitutional right under the Fourth Amendment to an abortion. The Court determined that in the first trimester women had the right to abortion on demand. During the second trimester, the state could place restrictions on abortions, and during the third trimester more restrictions could be placed on a woman's decision to have an abortion *Future decisions by the Court gave the state even more authority to place restrictions on abortions. Congress also passed a law that banned a procedure called "partial birth abortions," and the Supreme Court upheld that law

Planned Parenthood v. Casey (1992)

*Facts: Pennsylvania law required that women seeking abortions had to wait 24 hours, that minors had to get consent from their parents, and that a married woman had to notify her husband she was going to have an abortion *Issues: Whether the law violated the Fourth Amendment and whether Roe v. Wade should be overturned *Decision and significance: The Court upheld the 24-hour waiting period and parental approval (with judicial bypass if challenged) but struck down spousal approval *Roe v. Wade was upheld and the Casey case because the new precedent for future cases dealing with this issue

Schenck v. United States

*Facts: Schenck mailed flyers to potential draftees urging them to defy the draft during World War I. He traveled around the country speaking out against the war and urged people to oppose the draft *Issue: The United States government accused Schenck of violating the Espionage Act, which makes insubordination and draft resistance illegal. Were Schenck's actions a violation of his First Amendment right of free expression and free speech? *Decision and Significance: The Supreme Court upheld Schenck's conviction. Justice Holmes equated Schenck's actions to yelling fire in a darkened movie theater. The court ruled that Schenck created a "clear and present danger" by advocating his position. *This doctrine gives the government the right to prosecute individuals who through expressive or symbolic speech create a "clear and present danger"

Marbury v. Madison (1803)

*Facts: William Marbury was appointed as a justice by President John Adams as part of his "midnight appointments"; Marbury never received the appointment because James Madison did not sign the papers *Issues: Did the Supreme Court have the power to enforce a Writ on Mandamus (an order that would direct Madison to make the appointment of Marbury)? Was the Judiciary Act of 1789 correct in sending the case directly to the Supreme Court for review using original jurisdiction? *Decision: Chief Justice John Marshall wrote that even though Marbury should have been appointed, the supreme Court did not have the power to make that decision because the Judiciary Act of 1789 was unconstitutional *Significance: As a result of this case, the Supreme Court assumed the power of judicial review that gave the courts the power to rule laws unconstitutional

Fourth Amendment Principles

*Federal and state governments have attempted to define in a broad manner the rights of law officials to obtain evidence *"Probable cause" has come under close scrutiny by the courts. In cases related to students attending public schools, reasonable suspicion is the criterion for a search *The Fourth Amendment's protections have been applied to the states through selective incorporation *Courts have found exceptions to the "probable cause" standard. The police can obtain evidence if it is in "plain view" or if the evidence was obtained as a result of an emergency *Issues such as abortion and the extent the government can use warrantless wiretaps raise privacy issues

Federalism

*Federalism is the relationship between the national and state governments that has evolved since the Constitution was ratified Examples: Civil Rights, the environment, education, welfare, gun control

Powers Denied to Congress

*Found in Article I, Section 9 of the Constitution *Prohibits Congress from suspending the Writ of Habeas Corpus (gives people due process) *Prohibits Congress from passing a Bill of Attainder (a predetermined sentence without a trial) or an ex post facto law (a law that is retroactive) *Prohibits Congress from passing an import or export tax on states *Prohibits Congress from giving any titles of nobility to a citizen

Executive Powers

*Found in Article II of the Constitution *Makes the president the "chief executive" *Gives the president the title of "commander in chief" *Gives the president the power to sign or veto legislation *Gives the president the power to sign treaties *Gives the president the power to appoint officials in his administration *Gives the president the power to grant pardons and reprieves

Judicial Powers

*Found in Article III of the Constitution *The Constitution vests all judicial power in a Supreme Court and "inferior" courts (lower courts) established by Congress *Powers expanded as a result of the application of judicial review in the case Marbury v. Madison (1803) *Gives the courts power to hear cases that deal with laws and provisions of the U.S. Constitution and treaties made through original jurisdiction and appellate jurisdiction

Full Faith and Credit

*Found in Article IV of the Constitution *Establishes the legal recognition of one state's law by every other state Examples: If a person is married in one state, the marriage is recognized by other states; allows one state to enforce its own laws if a resident flees to another state Current Controversy: Congress passed the Defense of Marriage Act in 1996, which makes gay marriage an exception to the full faith and credit clause

Amending Process

*Found in Article V of the Constitution *Two methods of amending the Constitution *The first method used to amend the Constitution directs the Congress to pass the amendment by a two-thirds vote and then the amendment is sent to the state legislatures. Three-fourths of the state legislatures must pass the amendment. There is usually a time limit amendments have to be passed *The second method used to amend the Constitution directs the calling of a constitutional convention by two-thirds of the states to propose the amendment after which three-fourths of the states must pass the amendment. This method has never been used *There are currently twenty-seven amendments to the Constitution

Supremacy Clause

*Found in Article VI of the U.S. Constitution *Establishes that the Constitution is the "supreme law of the land" *The basis of conflicts between state governments and the federal government *In most cases, if a state law or state action conflicts with federal law, the federal law is held to be the law that applies *The Civil War was fought in a large part as a result of the south challenging the supremacy clause as it applied to the issues of states' rights and slavery

Voting Rights Act of 1965

*Gave the attorney general the power to determine which states were in violation of discriminating against African American voters *If a state had fewer than half the eligible voters registered, the attorney general could send in federal officials to facilitate voter registration *As a result of this act, African American voter registration more than doubled in the south in the first five years of the act *The act was challenged and ruled constitutional by the Supreme Court *The act's provisions were used to challenge "majority-minority" redistricting that resulted when state legislatures drew congressional districts that were gerrymandered in favor of minority groups

Sixth Amendment

*Gives the individual the protections guaranteed during a trial: 1. a speed and public trial by an impartial jury 2. the trial taking place in the geographic location where the crime was committed 3. the Court informing the accused of the nature of the charges 4. the accused having the right to confront witnesses 5. the right of the accused to call witnesses for the defense 6. the right of the accused to obtain a lawyer

First Amendment (1791)

*Guaranteed that Congress could not make laws: -Establishing a state supported religion -Prohibiting the free exercise of a person's religion -Abridging freedom of speech -Abridging freedom of the press -Respecting the right to peaceably assemble -Respecting the right to petition the government

Civil Rights for Hispanic Americans

*Hispanics represent the largest growing minority group in the United States. By 2050 the Hispanic population is expected to be almost 25% of the total population *There are a significant number of Hispanic representatives in state legislatures and Congress. There have been Hispanics elected as Mayors and Governors and in 2008 Bill Richardson, Governor of New Mexico, ran for the Democratic nomination for president *Cesar Chavez was a Mexican-American activist who organized a strike in 1965 by the United Farm Workers on behalf of migrant workers against California famers *Hispanic leaders have fought for the rights of undocumented immigrants and for a path to citizenship for them

Declaration of Independence (1776)

*Ideas taken from Locke, Rousseau, and Montesquieu *Locke's principles include natural rights, life, liberty, and property and the consent of the governed *Offers a new philosophy of government that includes "unalienable rights" that leads to a limited government proposed by Montesquieu *Creates a rationale for breaking away from England in a series of grievances, such as taxation without representation and the quartering of soldiers in houses

Gitlow v. New York (1925)

*In Gitlow v. New York (1925), Gitlow was a socialist who advocated through speech and pamphlets strikes and other civil actions that would accomplish his goals. New York State had an antianarchy law and Gitlow was arrested and convicted for his actions *The Supreme Court upheld his conviction, creating a ""dangerous tendency"" test, and in its decisions ruled that the First Amendment applied to the states by virtue of the due process clause of the Fourteenth Amendment. This was the first time selective incorporation was used by the court

Inherent Power of the President

*Inherent power of the president that expands the power of the president *Derived from the delegated authority of the president as chief executive and commander-in-chief *Explained through presidential signing statements that are attached to legislation *Expanded by the use of executive privilege, executive orders, and precedent Examples: The president committing troops to foreign countries without seeking a declaration of war; the president establishing an electronic warrantless surveillance system without congressional approval; the president using a signing statement on a bill that prohibits torture to reserve the right to use interrogation techniques that the president deems legal

Initiative and Referendum

*Initiatives and referendums are key components of direct democracy that are among the political reforms that came about during the Progressive Era *Initiatives are citizen-led proposals that get on the ballot after a certain number of signatures are obtained on a petition *Legislative referendums appear on the ballot after the legislature votes to place a proposal on the ballot Examples of initiatives and referendums: Prohibition of gay marriages, elimination of affirmative action programs, legalization of marijuana for medicinal use

John Peter Zenger Trial (1731)

*John Peter Zenger, a journalist writing for the New York Gazette, was highly critical of New York Governor William Cosby and wrote stinging editorials denouncing the governor *Governor Cosby accused Zenger of "seditious libel" and brought Zenger to trial *Andrew Hamilton defended Zenger and a jury found Zenger not guilty *As a result of this trial, a foundation was laid that a press can operate freely and openly even if it meant that public officials were criticized

Joint Committees

*Joint committees consist of members of both the House and the Senate *Currently there are four permanent joint committees: The Joint Committee on Printing, the Joint Economic Committee, the Joint Committee on the Library, and the Joint Committee on Taxation *Joint committees do oversight in specific areas, for example the Joint Committee on Taxation review tax policies *These committees generally do not develop legislative proposals

Committee System

*Legislative work starts in congressional committees and subcommittees *Committee assignments are based on expertise and seniority. Congressmen and women are assigned to one standing committee and multiple subcommittees *There are 22 House standing committees (permanent committees) and 20 Senate standing committees. There are also joint committees of Congress, select committees, and conference committees *Committees hold hearings on legislation as well as oversight hearings dealing with existing laws, bureaucratic agencies, and the executive branch *Bills are "marked up," read, and amended in committees before they are either sent to the floor of each House of Congress for debate and vote or "killed" in committee and never voted on by the Congress

Fourteenth Amendment Principles

*Original intent of the Fourteenth Amendment was to provide equal protection for the freed slaves and giver Congress the ability to pass legislation to support this goal *Congress passed Civil Rights Act of 1875, which prohibited discrimination in public accommodations. The Supreme Court ruled that this legislation was unconstitutional *States passed Black Codes and Jim Crow laws establishing segregation doctrine for the former slaves *The Fourteenth Amendment protections were extended to non-citizen immigrants in the 1880s *The Fourteenth Amendment due process provisions were not applied to the states until the 1920s through the process of selective incorporation

Patriot Act (2001)

*Originally passed by Congress in response to the terrorism attacks carried out on 9/11; it was reauthorized in 2006 *The Act has provisions that expand the government's role in dealing with domestic terrorism including surveillance and wiretapping *Gives the government the right to conduct secret searches and phone and Internet surveillance as well as access to private records if there is evidence of possible terrorist activity *Permits the imprisonment of noncitizens without due process if there is evidence they are involved in terrorist plots *Raises the issue of whether the Fourth Amendment's protections can be diminished in the name of national security

Civil Rights for People with Disabilities

*People having disabilities make up 20% of the American population *They include people having physical, mental, and emotional disabilities *The GI Bill of Rights (1944) and the Education of All Handicapped Children Act (1975), now called the Individuals with Disabilities Education Act, provided protection for returning disabled soldiers and disabled children attending schools *The landmark Americans with Disabilities Act (1990) had 63 Senate co-sponsors including wounded veterans Bob Dole, John Kerry, and John McCain

"Don't Ask, Don't Tell" Military Policy (1993)

*President Bill Clinton recommended this policy in 1993. It was adopted by the Congress and regulations were written by the Department of Defense in 1993 *Servicemen and women could be discharged from the military on the basis of being gay only if they made a statement that they were lesbian or gay, engaged in physical contact with someone of the same sex, or married or attempted to marry someone of the same sex *Over 9,000 servicemen and women have been discharged as a result of this policy *The policy has come under attack from gay activists and the Democratic candidates running for president in 2008. NOTE: This information is directly from the card printed in 2008. Some of this information is no longer accurate.

Seventeenth Amendment

*Prior to the adoption of the Seventeenth Amendment, state legislatures appointed senators for six-year terms *The Seventeenth Amendment maintains two senators from each state, each having one vote *The senators shall be elected directly by the people in the states *If there is a vacancy, the governor of the state will fill the vacancy; this sometimes results in a party change if the governor is from one political party and the Senate vacancy is from another political party

Reynolds v. United States (1878) and Employment division of Oregon v. Smith (1990)

*Reynolds v. United States (1878) dealt with the practice of polygamy in the territory that would become Utah *Reynolds, a Mormon, was a polygamist and was arrested and convicted for violating a Utah law making polygamy illegal. Reynolds challenged the law based on the free exercise clause *The Supreme Court ruled that the law was constitutional and the practice of polygamy was not a violation of the free exercise clause *Employment Division of Oregon v. Smith (1990) dealt with the practice by Native American Indians of using peyote as part of their religious ritual *Oregon refused to grant unemployment benefits because the Native Americans used illegal drugs and were dismissed from drug counseling jobs. The Supreme Court upheld Oregon's decision stating that there was a compelling governmental interest in regulating drugs

Select Committee Conference Committee

*Select committees are temporary committees set up the House and Senate to deal with a specific issue that is not covered by a standing committee *An example of a select committee was the Senate select committee that investigated the Watergate scandal *Conference committees are joint committees that are formed to reconcile bills that are passed by the House and Senate *Members of conference committees are assigned by the chairs of the standing committees where the legislation originated *Conferees usually attempt to come up with a compromise version of the bill. After the bill is agreed to, it is reported back to both houses for final passage

Selective Incorporation of the Bill of Rights

*Selective incorporation is defined as the Supreme Court using the due process clause of the Fourteenth Amendment to apply the Bill of Rights to the states *The Court interpreted that only the "fundamental" rights of the Bill of Rights would apply to the states *Gitlow v. New York (1925) was the first case the Supreme Court decided that applied the First Amendment to the states *Wolfe v. Colorado (1949) applied the Fourth Amendment to the states *Mapp v. Ohio (1961), Gideon v. Wainwright (1963), and Miranda v. Arizona (1966) further extended the Bill of Rights to the states by guaranteeing specific rights

Civil Rights for Young People and Senior Citizens

*Senior Citizens make up 12% of the entire population as of 2004. By 2050 that percentage is expected to almost double as people live longer *Senior citizens rely on the American Association of Retired Persons (AARP) to lobby for their interests *Acts banning age discrimination were passed by Congress in 1967 and 1978. There are also provisions in the Civil Rights Act prohibiting age discrimination *Supreme Court cases such as Tinker v. Des Moines (1969) established that rights for young people do not stop at the schoolhouse doors *Other Supreme Court cases such as Hazelwood v. Kuhlmeier (1988), giving administrators the right to censor school-sponsored publications Bethel School District v. Fraser (1986), giving school officials the right to sensor speech, and discipline students as a result of speech, and New Jersey v. T.L.O. (1985), which establishes ""reasonable suspicion"" as the standard for searching students

Civil Rights Act of 1964

*Sent to Congress by John F. Kennedy after the March on Washington *Signed into law by Lyndon Johnson after a Senate filibuster *Made discrimination in public accommodations such as hotels and restaurants illegal based on race, religion, or national origin *Made discrimination in employment illegal based on race, religion, or national origin *Created the Equal Opportunity Commission (EEOC) that had the responsibility of reporting and investigating complaints of job discrimination *Title VII of the Act made discrimination against women illegal

Constitutional Principles (1789-Present)

*Separation of powers for each branch of government; a division of powers between the federal and state governments *Checks and balances giving each branch checks on the other branches; the elastic clause giving Congress implied powers *The president was given specific executive powers as well as implied power, called inherent powers *A federal judiciary that has the supreme Court as the court of last resort *Rights guaranteed to the citizens; rights guaranteed to the states *An amending process; a Supremacy Clause that makes the Constitution the supreme law of the land

Twenty-fourth Amendment (1964)

*Southern states had passed laws such as poll taxes and literacy tests that resulted in minorities not being able to vote *In 1964 there were almost three million African Americans who were not registered to vote in 11 southern states *The Twenty-fourth Amendment to the United States Constitution banned all poll taxes in federal primary and general elections *As a result of this amendment, Congress began its oversight into attempts to block African Americans from voting

Standing Committees

*Standing committees are permanent committees in the House and Senate that specialize in areas of legislation *Representation on the committees is proportional based on the party makeup of the Senate and House *There are around 15-20 senators on each standing committee and around 40 representatives serving on House committees *Each standing committee has related subcommittees. Subcommittees do work on specific policy related to the standing committee

Articles of Confederation (1781-1789)

*State governments stronger than central government *No chief executive *One house of Congress had power to declare war, sign treaties but no power to levy revenues (impose taxes) *No national court system *One state, one vote - larger states at mercy of smaller states *States could impose tariffs on each other and could print money *Significant achievement was passage of the Northwest Ordinance in 1787 *Change required unanimous vote

Civil Rights for Native Americans

*The Bureau of Indian Affairs is the watchdog agency making sure that all legislative benefits are administered to Native Americans *Native Americans are recognized as independent nations *Native Americans living on reservations are immune from state and federal laws *Militant leader Russell Means fought for the rights of Native Americans and he became director of the American Indian Movement (AIM) in 1970 *Some Native Americans have found financial success as a result of states granting them the right to open and operate casinos as a result of court decisions regarding land claims

Key House Committees: House Appropriation Committee and House Ways and Means Committee

*The Constitution mandates that all appropriations bills must start in the House of Representatives *The House Appropriation Committee must approve all revenue legislation including the 13 revenue bills that fund the federal government *There are many "earmarks" (pet projects of legislators) attached to these revenue bills that are commonly referred to as "pork barrel legislation" *The House Ways and Means Committee deals with tax legislation, and trade agreements as well as Social Security

Eleventh Amendment

*The Eleventh Amendment establishes state sovereignty, protecting states from lawsuits against them from citizens of their own state, citizens from other states, or other states or foreign countries *Congressional laws such as the Americans with Disabilities Act and The Violence Against Women Act as well as state public employee laws and issues raised by Native American tribes against states have been decided by the Supreme Court *In many cases, specific provisions of laws have been struck down because individuals have attempted to sue states. The Court ruled that the state sovereignty provisions of the Eleventh Amendment protects the state against these lawsuits

Free Press Principles

*The First Amendment guarantee of a free press deals with the written word and whether there can be legitimate limitations placed on it by the government *One issue that is raised is whether the government can censor the press during a time of war *A second issue is whether the press can be censored as a result of the use of obscenities *A third issue is to what extent an individual is protected from the abuses of a free press. Libel is defined as the defamation of an individual's character by the written word

Fourth Amendment

*The Fourth Amendment deals with privacy rights even though the words "privacy" is not found in the amendment *The clause "right of the people to be secure in their persons, houses, papers..." is the basis of the privacy right *A search warrant is necessary if there is probably cause in order for the police to obtain evidence against an individual *The Fourth Amendment is also the first due process that is included as part of the Bill of Rights. Police must follow the dictates of this amendment in gathering evidence against an individual

Key House Committees: Judiciary Committee Oversight and Government Reform

*The House Judiciary Committee considers legislation dealing with civil liberties, constitutional amendments, federal courts and judges, immigration, civil and criminal laws *The House of Representatives is directed by the Constitution to consider articles of impeachment. The Judiciary Committee drafts impeachment charges against the president or other federal officials *The Judiciary Committee has oversight responsibilities of the Justice Department *The House Oversight and Government Reform Committee considers all legislation dealing with the federal government including civil service *The House Oversight and Government Reform Committee has major oversight functions related to actions of other branches of the government

Constitutional Requirements for Election to Congress

*The House of Representatives -At least 25 years old -An American citizen for at least seven years -A resident of the state the candidate represents -Serves a two-year term *The Senate -At least 30 years old -An American citizen for at least nine years -A resident of the state the candidate represents -Serves a six-year term

Nineteenth Amendment (1920)

*The Nineteenth Amendment, passed in 1920, gives women the right to vote and gives Congress the authority to pass legislation to enforce this *Women have become a major voting block since they received the right to vote. More women than men vote in presidential elections *There has been a "gender gap" in the support of presidential candidates with more women than men supporting Democratic candidates *Female candidates for political office have also increased since 1920 with a dramatic increase taking place after 1992

Ninth Amendment

*The Ninth Amendment guarantees that those undefined rights not listed anywhere in the Constitution cannot be taken away from the people *Even though the right to privacy is not a listed right found in the Bill of Rights, the Ninth Amendment protects that fundamental right *Issues such as "the right to die," either by euthanasia or assisted suicide, and abortion have been brought before the courts

Second and Third Amendments

*The Second Amendment's original intent was to guarantee the right of states to maintain an armed militia *The amendment has been interpreted as the people's right to bear arms *The National Rifle Association (NRA) has been the primary special-interest group advocating gun rights and opposing gun control *Issues such as gun control legislation including a ban on assault weapons, a waiting period for gun purchases, and regulations of gun shows have been dealt with by the Congress *The Third Amendment's ban on quartering soldiers was included in the Constitution as a result of British troops staying in the colonist's homes without permission during the Revolutionary War *Union troops occupied southerners' homes during the Civil War

Key Senate Committees: Appropriations Budget

*The Senate Appropriations Committee considers all revenue bills including the 13 budget bills that fund the federal government *There are many "earmarks" (pet projects of legislators) attached to these revenue bills that are commonly referred to as "pork barrel legislation" *The Senate Budget Committee considers all legislation that deals with the federal budget and must approve a budget resolution that gives Congress direction regarding the amount of money that will be spent by the federal government

Key Senate Committees: Armed Services Foreign Relations

*The Senate Armed Services Committee considers legislation dealing with the military *The Senate Armed Services Committee has oversight responsibility of the Department of Defense *The Senate Armed Services Committee is responsible for holding confirmation hearings for the secretary of defense *The Senate Foreign Relations Committee considers legislation dealing with foreign nations including trade and diplomatic relations *The Senate Foreign Relations Committee is responsible for holding confirmation hearings for the secretary of state and ambassadors

Key House Committee: Rules Committee

*The Senate and House both have Rules Committees but the House Rules Committee takes on a much more powerful role *The House Rules Committee acts as a "gatekeeper" for all legislation that is scheduled to reach the floor of the House for debate and a vote *The House Rules Committee comes up with "rules" governing the time that each side of the bill has for debate *The House Rules Committee also determines whether any amendments can be introduced *Since the majority party controls the Rules Committee, the rules that are established usually favor the legislative agenda of the majority party

Seventh and Eighth Amendments

*The Seventh Amendment guarantees the right of a trial by jury for civil trials *The Seventh Amendment has not been applied to the states through selective incorporation *The Eighth Amendment establishes bail procedures giving the accused the right to post bail that is based on the nature of the crime and the history of the accused *The Eighth Amendment also protects the accused against "cruel and unusual punishment" *Death penalty cases dealing with whether the death penalty can be imposed and whether the death penalty represents cruel and unusual punishment have been brought before the courts

Tenth Amendment

*The Tenth Amendment codifies the definition of federalism--delegated powers are given to the federal government and those powers not denied to the states are reserved to the states and the people *Delegated powers are those defined by Article I of the Constitution. Powers denied to the states are those powers specifically given to the federal government such as the Congress's power to declare war *Reserved powers are those powers not listed in the Constitution such as the authority of the states to pass laws in such areas as education, general health, and welfare

Equal Rights Amendment (1972)

*The amendment's goal was to establish a constitutional guarantee of equality for women similar to the original intent of the Fourteenth Amendment's equal protection clause that gave equality to African-Americans *The House passed the amendment in 1971 and the Senate ratified it in 1972. It then was sent to the state legislatures where the amendment needed three-fourths of the states to pass it by 1982 *The National Organization of Women (NOW) was one of the primary special-interest groups urging adoption *Opponents claimed that the amendment was unnecessary because the Fourteenth Amendment had provisions that gave equal protection to citizens *The Equal Rights Amendment failed by three states

Preamble to the Constitution (1789)

*The introduction to the Constitution stating its purposes *To form a more perfect union *To establish justice *To insure domestic tranquility *To provide for the common defense *To promote the general welfare *To secure the blessings of liberty

Free Speech Principles

*The issue of free speech revolves around the extent and limits the government can place on free expression *Speech is classified as expressive and symbolic *Individuals can bring up lawsuits, called slander, against entities that use speech to defame one's character *Speech can also be limited during times of war if it can be proved that the speech limits the government's ability to conduct its war policies *Speech can be limited if it is obscene or if the speech creates a threat to an individual or group *The Supreme Court has ruled that the First Amendment applies to the states through selective incorporation

Assembly and Petition of Grievances Principles

*The right of people to gather in places and express their point of view without government interference *The right of people to freely associate with groups they choose *The right to petition government officials for policies they want *Assembly and association rights must be balanced with the time, manner, place, and nature of assembly *Issues such as whether individuals can freely associate with the Communist Party (yes); whether the Nazi Party can march in Skokie, Illinois (yes); and whether individuals can demonstrate peaceably on public property (yes) have been decided by the courts

Thirteenth, Fourteenth, and Fifteenth Amendments

*These three were amendments adopted as a result of the Civil War *The Thirteenth Amendment (1865) abolishes slavery *Fourteenth Amendment (1868) defines citizenship, forbids the state from denying its citizens the rights guaranteed by the Constitution, equal protection under the law, and due process of life, liberty, and property *The Fifteenth Amendment (1870) gives the right to vote to former slaves and prohibits the states from denying the right to vote based on race

Free Exercise of Religion

*This clause was included to allow citizens to practice religion without government interference *Free exercise of religion guarantees that one's beliefs are protected but raises questions of whether actions based on those beliefs constitute a violation of the free exercise clause *Issues such as working on the Sabbath, the practice of polygamy, using illegal drugs as part of a religious exercise, pledging allegiance to the flag, and home schooling because of religious beliefs have been raised and decided by the Supreme Court

The Establishment Clause

*Thomas Jefferson called for a "wall of separation between church and state" *The clause was intended to prevent the federal government from supporting a national religion *Supreme Court interpretations of the clause deal with state financial support of religion, school prayer, and government-supported religious symbols *The court has been inconsistent in its rulings that deal with establishment issues, placing limitations on government support of religion while supporting a government entity's right to recognize religion

Civil Rights for Women

*Women were not originally given political equality in the United States Constitution *In 1848, at the Seneca Falls convention, Elizabeth Cady Stanton led the fight for political suffrage through The Declaration of Sentiments and Resolutions *The Nineteenth Amendment (1920) gave women the right to vote *Women achieved more equality in the workplace during World War II as illustrated by the "Rosie the Riveter" poster *Equal pay has been an ongoing struggle for women attempting to break through what has been called the "glass ceiling" *The ratification of the Equal Rights Amendment to the Constitution failed *Congress passed Title IX of the Education Act of 1972, creating more equity in federally funded education programs and the Equal Pay Act of 1973

The Federalist Papers (1788)

*Written by Alexander Hamilton, John Jay, and James Madison. Madison used the pen name Publius *Outlined the reasons for the ratification of the Constitution *Outlined the necessity of a government that would be forced to compromise as a result of the separate powers of each branch *Argued that the proposed Constitutions did not need a separate Bill of Rights since the Constitution had safeguards protecting individual rights

Federalist Paper #51 (1788)

*Written by James Madison *Defines the relationship among the three branches of government as independent *To say independent, no branch should have the total power to choose members of the other branches *By creating a bicameral (two house) legislature, it protects the people from legislative tyranny *Explains that each branch of government should be selected in different ways Quote: "It is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others."

Federalist Paper #10 (1788)

*Written by James Madison, it outlined the reasons for the ratification of the Constitution *Centered on the "tyranny of the majority" and said that factions were inevitable. It made the claim that a republic would counter these factions *This republic is defined as individual states that have a defined power relationship with a central government *This federal system would keep factions formed in the states from taking control of the national government Quote: "By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community."

Federalist Paper #47 (1788)

*Written by James Madison. *Makes the argument that separation of powers and checks and balances should exist among the three branches of government *Explains that checks and balances protects each branch of government from becoming too powerful *This form of government also protects the country from invasion *Without checks and balances and separation of powers, citizens would face a loss of liberty Quote: "It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments."

Division of Powers

Derived from Article IV of the Constitution and the Tenth Amendment-Reserve Power clause *Establishes the federal system of government *Defined as the differentiation of powers that the federal and state governments have