AP Government & Politics ~

Review!

AcronymsO SCOTUSO POTUSO CBOO GAOO OMBO EPAO FEDO ADAO PAC

O Supreme Court of the USO President of the USO Congressional Budget

OfficeO General Accounting OfficeO Office of Management &

BudgetO Environmental Protection

AgencyO Federal Reserve Board of

GovernorsO Americans with

Disabilities Act (1990)O Political Action Committee

2/3O Override presidential veto in both

houses of CongressO Senate approval of a treatyO Impeachment trial in the SenateO Proposal for a Constitutional

Amendment in both houses of Congress

O Proposal for a Constitutional Amendment in national convention

Articles of Confederation

O National government could not levy taxesO No national armyO No control over trade (domestic or

foreign)O No federal supremacyO No Supreme CourtO No ExecutiveO Amendments required unanimous voteO Pass laws ~ 9/13 vote

US ConstitutionO 7 articles

O Article I – Legilslative, II – Executive, III – Judicial, IV – states (full faith credit, extradition, federalism, creation of new states), V – Amending, VI – Supremacy Clause, VII – Ratification

O 27 Amendments (BOR – 1-10, ratified 1791)

O Living Document

Principles of the Constitution

O Checks and BalancesO Separation of PowersO FederalismO RepublicanismO Judicial reviewO Other liberties included within the

articlesO Writ of habeas corpusO No Bill of attainderO No ex post facto laws

Marbury v. Madison (1803)

O Judicial review, executive privilege, federalism, jurisdiction

O 1st time SC declared a Congressional act –Judiciary Act of 1789 – unconstitutional

O Chief Justice John Marshall wrote decision

O Legitimized role of the Supreme Court

Federalist No. 10O Publius (James Madison)O Factions (interest groups/parties/passions)

and REPUBLICAN form of governmentO “liberty is to faction what air is to fire”O Factions allow us to consider all sides;

inevitable differences; dangerous if not monitored

O Government is the mediator between factions, none should gain enough power to violate other’s rights in free government

Federalist No. 51O Publius (James Madison)O Separation of branches; Checks and

balancesO “The great difficulty lies in this: you must

first enable the government to control the governed; and in the next place oblige it to control itself.”

O “ambition must be made to counteract ambition”

O “If men were angels, no government would be necessary.”

Federalist No. 78O Publius (Alexander Hamilton)O Judicial power implied in judicial reviewO The independence of judges is an

essential safeguard against effects of society

O (Judicial Branch) has “neither FORCE NOR WILL, but merely judgment…”

O “right of the courts to pronounce legislative acts void…”

O “No legislative act, therefore, contrary to the constitution, can be valid.”

Constitutional PowersO Delegated - Powers granted to one

of the three branches of the national government by the Constitution

O Implied – authority granted by inference of the delegated powers O “necessary and proper clause”

O McCulloch v. Maryland (1819)O Federal supremacy – ? Over power to

establish national bank

Powers (Ctd.)O Inherent Powers – self-evident

powers, because you are a nationO Protection of citizens under the

governmentO Foreign negotiations, international

agreements, acquire territory, protection of citizens, etc.

O These are a “given” not controversial like the implied powers

GrantsO Ways that federal govt disperses $ to state and local

governmentsO “Grants-in-aid”; revenue sharingO Categorical- $ for a specific purpose, subject to

federal supervision (school lunches, building of highways and airports)

O Project Grants- state, local, and nongovernmental agencies can apply for $(universities, employment training programs)

O Block- broad grants to states for prescribed activities with few strings attached (child care, welfare, social services, education and health care)

O “Devolution Revolution” – the effort to slow growth of the federal government by returning many functions to the states (welfare) “Welfare Reform Act of 1996”

MandatesO Federal law for all levels of

governmentO New Deal Programs, Great Society

Programs, Clean Air Act were mandates for the nation

O Unfunded MandatesO Americans With Disabilities Act 1990

(ADA)

1st AmendmentO Civil LibertiesO “Congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press, or the right of the people to peacefully to assemble, and to petition the Government for a redress of grievances.”

O Schenck v. United States(1919) speech, clear and present danger

O Gitlow v. New York(1925) incorporation of the First Amendment’s freedoms of speech and press provisions, citing the 14th Amendment’s due process clause to apply to state law

1st AmendmentO Establishment Clause: “make no law

respecting the establishment of…”O Lemon v. Kurtzman (1971) “lemon test or 3-

pronged test”O Engle v. Vitale (1962) no state-sponsored

prayer in public schoolO Free exercise clause: “or prohibiting the

free exercise of…”O Reynolds v. US (1878) – polygamy is illegal

and is not protected under the 1st

O Oregon v. Smith (1990) – unlawful drug use is illegal in religious ceremonies and is not protected under the 1st

14th Amendment (1868)O Defined citizenshipO Clauses: privilege and immunities,

Due Process, equal protectionO Incorporation

O Application of due process clause to the State law – “nor shall any State deprive any person of life, liberty, or property, without the dues process of the law”

O Gitlow v.New York (1925)

Incorporation DoctrineO The legal concept under which the Supreme

Court (and federal courts) has “nationalized” the BOR by making most of its provisions applicable to the states through the 14th Amendment

O Selective Incorporation- SC (or federal courts) decide on a case by case basis, when to apply the BOR to state law from the due process or equal protection clauses in the 14th

O Palko v. Connecticut (1937)- first rejection by SC of “total” incorporation; ruled that the 5th amendment double jeopardy provision does not apply to the states through the 14th overturned by Benton v. Maryland 1969 – incorporated double jeopardy

4th AmendmentO Search & seizuresO Wolf v. Colorado (1949)

incorporation case, 4th and 14th

O Mapp v. Ohio (1961) incorporation case, 4th and 14th

O Exclusionary Rule

Due ProcessO 5th and 14th AmendmentsO Protection against deprivation of life,

liberty, or propertyO Rights of the accusedO 5th: Due process, eminent domain,

self-incrimination, double jeopardy, capital crime – grand jury (except military and emergencies)

6th AmendmentO Fair and speedy trial; right to counselO Miranda v. Arizona (1966) rights of

the accused, 5th amendment, right to counsel, self-incrimination

O Gideon v. Wainwright (1963) counsel must be provided in felony cases (incorporation case – due process in 6th and 14th)

Suffrage AmendmentsO 15th – (1870) African American malesO 17th – (1913) direct election of US

SenatorsO 19th – (1920) Women SuffrageO 23rd – (1961) District of Columbia

residents vote for presidentO 24th – (1964) prohibit poll taxesO 26th – (1971) 18 year old vote