AP Gov Final Review

Equal Pay Act of 1963.

An amendment to the Fair Labor Standards Act, this act requires equal pay for men and women doing equal work.

trade compromise

The states in the North wanted Congress to have power to regulate commerce. But the states in the South opposed this power because they feared Congress would use its authority to end to the slave trade. A compromise was reached by stating that Congress could not prohibit the slave trade until 1808, but imported slaves could be taxed.

Federalism

constitutional sharing of power between a central government and state governments. Different varieties:

Gratz and Grutter

(2003) Upheld the principle of affirmative action but emphasized that quotas are always illegal

Shay's Rebellion

1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that was a factor in the calling of the Constitutional Convention.

Brown v. Board

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Texas v. Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Warren Court

Appointed Earl Warren as Chief Justice and William Brennan as Associate Justice ---> liberal activist judges. ALSO criticized and praised for being judicial activists (creating law rather than interpreting law) SUMMARY - expanded rights of individual Americans

Why/ how is flag burning a civil right that is protected?

It is protected by the first ammendment

Formal amendment

a change in the actual wording of the Constitution, proposed by Congress or national convention, and ratified by the states.

Informal amendment

a change in the meaning, but not wording, of the Constitution (e.g., through a court decision such as Brown v. Board).

Supermajority

a majority greater than a simple majority of one over half, e.g., 3/5, 2/3.

McCulloch v. Maryland, 1819

established principle of national supremacy and validity of implied powers.

Marbury v. Madison, 1803

established the power of judicial review.

Inherent powers

foreign policy powers (e.g., acquiring territory) held by the national government by virtue of its being a national government.

Block grant

money granted by the federal government to the states for a broad purpose (e.g., transportation) rather than for a narrow purpose (e.g., school lunch program).

Categorical Grant

money granted by the federal government to the states for a narrow purpose (e.g., school lunch program) rather than for a broad purpose (e.g. transportation).

Unicameral legislature

one-house legislature.

Cooperative federalism

system in which both federal government and state governments cooperate in solving problems.

14th Amendment

(1) All persons born in the U.S. are citizens; (2) no person can be deprived of life, liberty or property without DUE PROCESS OF LAW; (3) no state can deprive a person of EQUAL PROTECTION of the laws. Second of three "Reconstruction Amendments" passed after Civil War.

Civil Rights Act of 1964

1964; banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

Schenck v. U.S.

A United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule.

Equal Rights Amendment

A constitutional amendment originally introduced in Congress in 1923 and passed by Congress in 1972, stating that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Despite public support, the amendment failed to acquire the necessary support from three-fourths of the state legislatures.

prior restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

Mapp v. Ohio

A landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.

Reynolds v. U.S.

Court ruled that one cannot use religion as a defense to the crime of polygamy. Court ruled that religious practices that impair the public interest do not fall under the First Amendment.

Oregon v. Smith

Determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual and the state's Supreme Court had determined the prohibition was constitutionally invalid.

Explain how both the 5th and 14th Amendments are part of the decision in the Miranda case.

Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime. The Constitution uses the phrase in the 5th and 14th Amendments, declaring that the government shall not deprive anyone of "life, liberty, or property, without due process of law..." The 5th Amendment protects people from actions of the federal government, and the 14th protects them from actions by state and local governments.

6. Explain the difference between the two concepts: Federalism vs. Separation of Powers. Pg. 28

Federalism - A system of government in which power is distributed among certain geographical territories rather than concentrated within a central government. Separation of Powers - Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Gideon v. Wainwright

Gideon was charged with breaking and entering in Florida and could not afford an attorney. When he asked to be appointed one, the state said they only had to appoint one to indigenous citizens for capital offenses. Result: SC rules that Gideon has a right to an attorney through the Bill of Rights.

Gitlow v. New York

Gitlow publishes manifesto advocating socialism. Result: SC rules that arresting him is a violation of free speech but if that speech leads to dangerous actions then the legislative branch may decide what is or isn't safe to say. Speech can be punished even if no action is taken. *1st case of selective incorporation*

Affirmative Action

Government or business policies favoring a historically disadvantaged minority group (university admissions, hiring decisions); raises 14th Amendment equal protection problems (reverse discrimination); limited by Bakke v. University of California (race can be "plus factor" in admissions but no racial quota system)

Gregg v. Georgia

Gregg was charged and found guilty of robbery and murder and sentenced to death. Result: The death sentence is not cruel and unusual punishment if the crime is a severe criminal case.

Regents v. Bakke

No racial quotas allowed. But race can be considered

1. Were the Framers typical American? Explain . pg. 24, 37

No, they were a group of delegates who drafted the United States Constitution at the Philadelphia Convention in 1787

4. What Constitutional plan did the smaller states support, and why? Pg. 25

Opposite of the Virginia Plan, the new jersey plan proposed a single-chamber congress in which each state had one vote. This created a conflict with representation between bigger states, who wanted control befitting their population, and smaller states, who didn't want to be bullied by larger states.

What is the selective incorporation process?

Selective Incorporation has nothing to do with corporations. It's a legal doctrine related to the Supreme Court deciding whether certain parts of the Bill of Rights are held to be applicable to the states as the result of the ratification of the 14th Amendment. Most of the first 8 amendments and the 13th Amendment are held to be applicable to the states as well as the Federal government

Tinker v. Des Moines

Students decided to protest the Vietnam War by wearing black armbands to their schools during Christmas holiday season. The principals told them to remove them or face suspension, In 1969 Supreme Court ststed that The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others.

Lemon v. Kurtzman

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Many people challenge the death penalty as a violation of which amendment-based right?

The Supreme Court has ruled that the death penalty is not a per se violation of the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out. Because of the Fourteenth Amendment's Due Process Clause, the Eighth Amendment applies against the states, as well as the federal government.

Why is it selective incorporation good for the federal government?

The US Supreme Court's interpretation of the Fourteenth Amendment Due Process and Equal Protection Clauses permits them to apply the Bill of Rights to the states, through the process of selective incorporation.

2. Why did the Framers choose to scrap the Articles of Confederation and draft a new Constitution? Include specific weaknesses of the Articles and specific stories that illustrate the nation's problems at that time. Pg. 21-24

The articles of confederation could not levy taxes, could not control trade, and had no way to enforce laws

What part of the 14th Amendment is usually used in protecting peoples' rights?

The main clauses of the Fourteenth Amendment are: Section. 1. 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.

Commerce Clause

gives Congress the power to regulate commerce among the states, with foreign nations, and among Indian tribes; granted through Article 1, section 8 of the Constitution.

5. Explain ALL the compromises and agreements that were reached ( be sure to note all the titles). Pg. 26-27

great compromise(Connecticut compromise)- At the Constitutional Convention, larger states wanted to follow the Virginia Plan, which based each state's representation in Congress on state population. Smaller states wanted to follow the New Jersey Plan, which gave every state the same number of representatives. The convention compromised by creating the House and the Senate, and using both of the two separate plans as the method for electing members of each. three fifths compromise-agreement at the constitutional Convention that 3/5 of the slaves in any state be counted in its population

Federalist Papers

group of 85 essays written by Madison, Hamilton, and Jay for the purpose of persuading the people of New York to adopt the Constitution.

Judicial review

power of the courts to rule on the constitutionality of laws and government actions; established by Marbury v. Madison, 1803.

Reserved powers

powers held by the states through the 10th Amendment; any power not granted to the US government is "reserved" for the sates.

Police powers

powers of the states to protect the public health, safety morals, and welfare of the public.

Separation of powers

principle in which the powers of the government are separated among three branches: legislative, executive, judicial.

Popular sovereignty

principle in which ultimate political authority rests with the people.

Mandates

requirements imposed by the national government upon the states, some are unfunded mandates, i.e., they are imposed by the national government, but lack funding.

Elastic clause

states that Congress can exercise those powers that are "necessary and proper" for carrying out the enumerated powers (e.g., establishment of the First Bank of the United States).

Checks and Balances

system in which each branch of the government can limit the power of the other two branches (e.g., presidential veto of a congressional law).

Direct democracy

system in which people rule themselves.

Confederation

system in which sovereign states are only loosely tied to a central government (e.g. the US under the Articles of Confederation).

Dual federalism

system in which the national government and state governments are coequal, with each being dominant within its respective sphere.

New Federalism

system in which the national government restores greater authority back to the sates.

Indirect democracy

system in which the people are ruled by their representatives, also known as representative democracy, or republic.

3. What Constitutional plan did the larger states support, and why? Pg. 25

the Virginia plan also known as the Big State Plan. Wanted proportional representation in Congress (based on population).

Concurrent powers

those held by both Congress and the states, e.g. establishing law enforcement agencies.

Implied powers

those that are "necessary and proper" to carry out Congress' enumerated powers, and are granted to Congress through the elastic clause.

Enumerated powers

those that are specifically guaranteed to Congress in Article 1, section 8 of the Constitution (e.g. the power to tax; also known as expressed powers.

Centralists

those who favor greater national authority rather than state authority.

Decentralists

those who favor greater state authority rather than national authority.

Bicameral legislature

two-house legislature