AP Gov Review Cards Flashcards
(220 cards)
1
Q
This document explains the division of power between the three branches of government and between the national and state levels.
A
Federalist #51
2
Q
Holding: (1) Yes. (2) Yes. (3) No. The provision of the Judiciary Act of 1789 allowing this is unconstitutional as it improperly expands the Court’s original jurisdiction beyond Article III.
A
Marbury v. Madison (1803)
3
Q
Decision: Marbury’s request for a writ of mandamus was denied because the Court lacked the constitutional authority (original jurisdiction) to issue it directly, invalidating the relevant part of the Judiciary Act.
A
Marbury v. Madison (1803)
4
Q
Holding: Yes, the Second Amendment right is fully applicable to the states through the Fourteenth Amendment.
A
McDonald v. Chicago (2010)
5
Q
2010 Supreme Court decision holding that corporate/union funding of independent political broadcasts cannot be limited under the First Amendment.
A
Citizens United v. FEC (2010)
6
Q
The practice of having a legislature divided into two separate houses or chambers.
A
Bicameralism
7
Q
This document was written by James Madison as part of the Federalist Papers.
A
Federalist #10
8
Q
This document argues that a large republic is the optimal form of government to mitigate the negative effects of factions.
A
Federalist #10
9
Q
A coherent set of beliefs about the role of government and public policy (e.g., favoring government action, emphasizing tradition/limited gov’t, prioritizing liberty).
A
Political Ideology (Liberal, Conservative, Libertarian)
10
Q
Facts: Amish parents refused to send children (14-15) to school past 8th grade, citing religious beliefs against high school’s values. Wisconsin law required attendance until 16. Parents were prosecuted.
A
Wisconsin v. Yoder (1972)
11
Q
Decision: Reversed lower court’s dismissal, remanded the case. Opened federal courts to apportionment cases, leading to the “one person, one vote” principle.
A
Baker v. Carr (1961)
12
Q
The body established by the Constitution that formally elects the President and Vice President based on state-level popular votes.
A
Electoral College
13
Q
The foundational principle asserting that governmental power is restricted and individuals have rights that the government cannot take away, often defined by a constitution.
A
Limited Government
14
Q
Facts: Non-profit Citizens United made critical film about Hillary Clinton, wanted to air via video-on-demand near 2008 primaries. Bipartisan Campaign Reform Act (BCRA) banned corporate/union funding of “electioneering communications” from general treasuries near elections. Citizens United challenged this ban.
A
Citizens United v. FEC (2010)
15
Q
Individuals who opposed the ratification of the Constitution, fearing it would create an overly powerful central government, 1 as articulated in writings like Brutus 1.
A
Anti-Federalists (Brutus 1)
16
Q
Grants Congress the authority to regulate trade among the states, with foreign nations, and with Native American tribes; often interpreted to expand federal power.
A
Commerce Clause
17
Q
1963 Supreme Court case guaranteeing the right to legal counsel for defendants in state felony cases.
A
Gideon v. Wainwright (1963)
18
Q
The principle that divides governmental power between the national government and the state governments, each having distinct responsibilities.
A
Federalism
19
Q
The upper chamber of Congress, where each state receives equal representation with two members.
A
Senate
20
Q
The requirement that law enforcement inform suspects of their constitutional rights (remain silent, counsel) upon arrest.
A
Miranda Warning
21
Q
Organizations attempting to influence policymakers on specific issues through lobbying and other means.
A
Interest Groups
22
Q
Reasoning: Speech creating a “clear and present danger” that Congress can prevent (like hindering wartime efforts) is not protected. Context matters; speech acceptable in peacetime might be punishable in wartime. Leaflets posed such a danger. “Falsely shouting fire in a theatre…” analogy used.
A
Schenck v. United States (1919)
23
Q
1919 Supreme Court case establishing the “clear and present danger” test, limiting free speech during wartime.
A
Schenck v. United States (1919)
24
Q
Opinion: Chief Justice Marshall, for a unanimous Court, affirmed implied congressional powers and national supremacy, limiting state interference with federal activities.
A
McCulloch v. Maryland (1819)
25
The government's plan for revenue and expenditures, including legally required payments (Mandatory) and funds allocated through appropriations (Discretionary).
Budget/Spending (Mandatory/Discretionary)
26
Basic freedoms protected from government infringement (e.g., speech, religion).
Civil Liberties
27
Issue: Does the Sixth Amendment's right to counsel extend to felony defendants in state courts via the Fourteenth Amendment?
Gideon v. Wainwright (1963)
28
Government spending allocated to specific projects intended to benefit a representative's home district, often seen as wasteful.
Pork Barrel Legislation
29
Describes the mutually beneficial relationship between a bureaucratic agency, a congressional committee, and an interest group focused on a specific policy area.
Iron Triangles
30
This document was written by either James Madison or Alexander Hamilton as part of the Federalist Papers.
Federalist #51
31
The bicameral federal legislature of the United States, composed of the House and Senate, responsible for making laws.
Congress
32
Facts: Gideon charged with felony in Florida, requested court-appointed lawyer but was denied (Florida law only provided counsel in capital cases). Represented himself, was convicted. Filed habeas corpus petition arguing violation of right to counsel.
Gideon v. Wainwright (1963)
33
Mandates that states must apply their laws equally and cannot discriminate unreasonably against individuals or groups (14th Amendment).
Equal Protection Clause
34
The constitutional process for formally charging federal officials with misconduct, potentially leading to removal from office after a Senate trial.
Impeachment
35
The power of the courts to examine the constitutionality of laws and executive actions.
Judicial Review
36
Decision: Racial segregation in public schools declared unconstitutional, overturning Plessy in this context. Desegregation ordered "with all deliberate speed" (Brown II, 1955).
Brown v. Board of Education (1954)
37
Federal requirements imposed on state and local governments, which may or may not come with federal money to cover the costs.
Mandates (Funded/Unfunded)
38
Decision: Parents' convictions reversed. Wisconsin could not compel Amish children to attend school past 8th grade against their religious beliefs.
Wisconsin v. Yoder (1972)
39
Issue: Do federal courts have jurisdiction to hear constitutional challenges (Equal Protection Clause) to legislative apportionment, or is it a non-justiciable "political question"?
Baker v. Carr (1961)
40
Issue: Did Wisconsin's compulsory school attendance law violate the parents' First Amendment right to free exercise of religion?
Wisconsin v. Yoder (1972)
41
1819 Supreme Court case affirming implied powers and the supremacy of federal law over state law.
McCulloch v. Maryland (1819)
42
The fundamental political conflict concerning how much individual freedom must be balanced against the need for governmental control, stability, and safety.
Liberty vs. Order/Security
43
This document advocates for a system of checks and balances.
Federalist #51
44
Serves as the fundamental law of the United States, establishing the framework for the nation's government and outlining the basic rights of citizens.
Constitution
45
Presidential directives managing federal operations or international pacts made by the President, generally not requiring Senate approval like treaties.
Executive Orders/Agreements
46
The 1st Amendment right to make requests or express grievances to the government.
Right to Petition
47
Decision: The suspensions were unconstitutional; lower court judgment reversed.
Tinker v. Des Moines (1969)
48
Governmental powers, such as taxing and establishing courts, that are shared by both the federal and state governments.
Concurrent Powers
49
This document argues that clauses like the Necessary and Proper Clause and the Supremacy Clause could undermine state authority.
Brutus #1
50
Holding: Yes, state-mandated segregation in public schools violates the Equal Protection Clause.
Brown v. Board of Education (1954)
51
Decision: The GFSZA was declared unconstitutional. Lopez's federal conviction reversed.
United States v. Lopez (1995)
52
The 1st Amendment right to express opinions and ideas without government censorship (subject to limitations).
Freedom of Speech
53
Reasoning: Race-based classifications are constitutionally suspect. Bizarrely shaped districts explainable only by race raise concerns as they resemble racial apartheid, reinforce stereotypes, and undermine representation. Such districts require narrow tailoring to a compelling state interest (strict scrutiny).
Shaw v. Reno (1993)
54
Groups (often majority or minority) united by common interests adverse to the rights of others or the community's interests (Federalist No. 10).
Factions
55
The 1st Amendment right to gather peacefully with others.
Freedom of Assembly
56
This document argues that factions are inevitable.
Federalist #10
57
The formal process through which citizens choose their officials; also refers to the right to participate in this process.
Elections/Voting
58
Decision: Chicago/Oak Park handgun bans unconstitutional. Second Amendment applies to states. Remanded.
McDonald v. Chicago (2010)
59
Holding: No, the conviction did not violate the First Amendment.
Schenck v. United States (1919)
60
1962 Supreme Court case ruling that federal courts could hear redistricting challenges, leading to the "one person, one vote" principle.
Baker v. Carr (1962)
61
Government benefits, like Social Security or Medicare, that citizens are eligible for by law if they meet certain criteria.
Entitlements
62
Reasoning: Separate educational facilities are inherently unequal. Segregation generates feelings of inferiority in minority children, harming their development ("hearts and minds"). Intangible psychological effects make segregation unequal, regardless of tangible factors. "Separate but equal" has no place in public education.
Brown v. Board of Education (1954)
63
Issue: Does a district drawn solely based on race violate the Equal Protection Clause, even if intended to benefit minorities? Is such a claim justiciable?
Shaw v. Reno (1993)
64
Reasoning: Gun possession in a local school zone is not economic activity that substantially affects interstate commerce. Act lacked jurisdictional link to commerce. Accepting government's attenuated economic argument would grant Congress a general police power, erasing federal/state distinction. Activity didn't fit the three categories of valid Commerce Clause regulation.
United States v. Lopez (1995)
65
Opinion: Justice Black wrote the majority opinion, affirming separation of church and state and prohibiting government endorsement of religion via school prayer.
Engel v. Vitale (1962)
66
This document established a confederal government with a weak central Congress—granting limited powers.
Articles of Confederation
67
Heads the judicial branch of the federal government, including lower federal courts, primarily responsible for interpreting laws and the Constitution.
Supreme Court/Judiciary
68
The lower chamber of Congress, where representation is allocated to states based on their population.
House of Representatives
69
Issue: Does prohibiting students from wearing armbands (symbolic protest) in public school violate their First Amendment freedom of speech?
Tinker v. Des Moines (1969)
70
Reasoning: (1) Implied powers derived from the Necessary and Proper Clause allow Congress means to execute enumerated powers (like fiscal duties). (2) Federal laws are supreme (Supremacy Clause). States cannot tax federal entities as "the power to tax involves the power to destroy," which would make states supreme over the federal government.
McCulloch v. Maryland (1819)
71
This document was written by Alexander Hamilton as part of the Federalist Papers.
Federalist #78
72
Federal money provided to states, either for specific, narrowly defined purposes (Categorical) or for broader policy areas (Block).
Grants (Categorical/Block)
73
Opinion: Chief Justice Marshall, for a unanimous Court, established the principle of Judicial Review, empowering federal courts to invalidate laws and executive actions conflicting with the Constitution.
Marbury v. Madison (1803)
74
Reasoning: Legislative apportionment challenges under the Equal Protection Clause are not non-justiciable political questions. The issue doesn't meet the criteria for political questions (e.g., textual commitment to another branch, lack of standards). Courts can evaluate these claims based on constitutional standards.
Baker v. Carr (1961)
75
Reasoning: Right to counsel is fundamental and essential for a fair trial, made obligatory on states by the 14th Amendment's Due Process Clause. Fair trials require legal representation for indigent defendants. "Lawyers in criminal courts are necessities, not luxuries." Overturned Betts v. Brady.
Gideon v. Wainwright (1963)
76
Those powers specifically granted to the federal government, particularly Congress, by the text of the Constitution (e.g., coining money, declaring war).
Enumerated Powers
77
This document warns that power, once ceded, is difficult to recover without force.
Brutus #1
78
1969 Supreme Court case upholding students' symbolic speech rights in public schools, provided it doesn't substantially disrupt education.
Tinker v. Des Moines (1969)
79
Decision: The New York prayer policy was declared unconstitutional.
Engel v. Vitale (1962)
80
The principle of dividing the core functions of government—making laws, enforcing laws, and interpreting laws—among distinct legislative, executive, and judicial branches.
Separation of Powers
81
Opinion: Justice Holmes, for a unanimous Court, established the "clear and present danger" test for restricting speech, especially during wartime. (Note: Standard later modified).
Schenck v. United States (1919)
82
Policies designed to remedy past discrimination and promote diversity, often in education and employment.
Affirmative Action
83
Facts: New York State Board of Regents authorized a short, voluntary, nondenominational prayer for recitation in public schools. Families challenged it as violating the Establishment Clause of the First Amendment.
Engel v. Vitale (1962)
84
This 1 document was written by Robert Yates as an Anti-Federalist critique.
Brutus #1
85
This document argues judicial review ensures legislative actions conform to the Constitution and protects against abuse of power.
Federalist #78
86
The power of the President to reject a bill passed by Congress; includes a specific type if Congress adjourns during the signing period.
Veto (Presidential, Pocket)
87
This document declared independence from Britain.
Declaration of Independence
88
Establishes that the Constitution, federal laws, and treaties constitute the supreme law of the land, overriding conflicting state laws (Article VI).
Supremacy Clause
89
Holding: Yes, the right to counsel applies to state felony defendants via the Fourteenth Amendment.
Gideon v. Wainwright (1963)
90
Decision: Maryland's tax law was unconstitutional and unenforceable against the national bank.
McCulloch v. Maryland (1819)
91
Holding: Yes, the Act exceeds Congress's Commerce Clause authority.
United States v. Lopez (1995)
92
This document asserts that “energy in the executive is the leading character in the definition of good government.”
Federalist #70
93
Reasoning: Students don't "shed their constitutional rights... at the schoolhouse gate." Speech can be restricted only if it "materially and substantially disrupts" school activities or invades others' rights. Armbands were passive symbolic speech, causing no substantial disruption. Fear of disruption is insufficient.
Tinker v. Des Moines (1969)
94
Organized groups seeking to influence government and control power by nominating candidates and winning elections.
Political Parties
95
Formal changes or additions to the Constitution, made through a specific procedure outlined in Article V involving proposal and ratification by the states.
Amendments/Amendment Process
96
The legal principle of relying on past court decisions when ruling on similar current cases to ensure consistency.
Stare Decisis/Precedent
97
Holding: (1) Yes, Congress has the authority. (2) No, Maryland cannot tax the national bank.
McCulloch v. Maryland (1819)
98
The 1st Amendment right for media to publish information without government censorship, limited by doctrines like prior restraint.
Freedom of the Press
99
The practice of manipulating electoral district boundaries to favor one political party or group.
Gerrymandering
100
This document incorporates an amendment process that has led to 27 amendments, including the Bill of Rights.
U.S. Constitution
101
Holding: Yes, the government's attempt at prior restraint violated the First Amendment.
NY Times Co. v. U.S. (1971)
102
Issue: Does segregation of public education solely based on race violate the Equal Protection Clause of the Fourteenth Amendment?
Brown v. Board of Education (1954)
103
Powers not delegated to the federal government nor prohibited to the states by the Constitution, which are therefore left to the states or the people (10th Amendment).
Reserved Powers
104
Holding: Yes, federal courts have jurisdiction; such claims are justiciable.
Baker v. Carr (1961)
105
This document provided no separate executive or judicial branch.
Articles of Confederation
106
Facts: Tennessee citizens alleged state legislative districts hadn't been reapportioned since 1901 despite population shifts, causing unequal representation (rural votes counting more than urban votes) violating the Equal Protection Clause. Lower courts dismissed it as a "political question."
Baker v. Carr (1961)
107
Decision: Gideon's conviction overturned. Established right to state-appointed counsel for indigent defendants in all felony cases. (Gideon was acquitted on retrial with counsel).
Gideon v. Wainwright (1963)
108
Facts: High school student Lopez carried concealed handgun into school. Charged under federal Gun-Free School Zones Act (GFSZA) of 1990. Challenged Act as exceeding Congress's Commerce Clause power.
United States v. Lopez (1995)
109
Opinion: Chief Justice Burger wrote majority opinion, protecting sincere religious practice under Free Exercise Clause against state interest in education in this specific context.
Wisconsin v. Yoder (1972)
110
This document declares “injustice anywhere is a threat to justice everywhere”.
Letters from a Birmingham Jail
111
Protections guaranteed by the government against discriminatory treatment by government or individuals.
Civil Rights
112
Differing philosophies on how judges should interpret the Constitution (broader interpretation vs. adherence to precedent/original intent).
Judicial Activism/Restraint
113
This document is a seminal text on justice.
Letters from a Birmingham Jail
114
This document was written by Thomas Jefferson (primary) and authorized by the Second Continental Congress.
Declaration of Independence
115
Facts: Students planned to wear black armbands to school protesting Vietnam War. School created policy banning armbands; students wore them, were suspended. Sued school district.
Tinker v. Des Moines (1969)
116
Opinion: Chief Justice Warren, for a unanimous Court, declared state-sponsored segregation in public schools unconstitutional.
Brown v. Board of Education (1954)
117
Models describing how elected officials should act: strictly following constituent wishes (Delegate), using their own judgment (Trustee), or blending both (Politico).
Representation (Delegate, Trustee, Politico)
118
Governs the central banking system of the United States and is responsible for setting monetary policy.
Federal Reserve Board
119
Protections for individuals in criminal proceedings found in the 5th and 6th Amendments (e.g., right to counsel, protection against self-incrimination).
Rights of the Accused
120
Issue: (1) Does Marbury have a right to the commission? (2) Do laws provide a remedy? (3) Is the remedy a writ of mandamus from the Supreme Court? (4) Can Congress expand the Supreme Court's original jurisdiction beyond Article III?
Marbury v. Madison (1803)
121
Landmark 1954 Supreme Court ruling that declared state-sponsored segregation in public schools unconstitutional.
Brown v. Board of Education (1954)
122
This document was written by John Dickinson and authorized by the Second Continental Congress.
Articles of Confederation
123
Powers not explicitly listed in the Constitution but considered necessary and proper for the federal government to effectively execute its listed powers.
Implied Powers
124
Issue: Does the use of a state-composed, nondenominational prayer in public schools violate the Establishment Clause of the First Amendment?
Engel v. Vitale (1962)
125
The principle that evidence obtained illegally by law enforcement cannot be used in a criminal trial.
Exclusionary Rule
126
A situation in government where the inability to compromise leads to difficulty or inability in passing legislation and making policy.
Gridlock
127
Facts: Following Heller (recognizing individual 2nd Am. right federally), Chicago residents challenged city laws banning handgun possession, arguing the 2nd Amendment should apply to states via the 14th Amendment.
McDonald v. Chicago (2010)
128
Represented the first governmental framework adopted by the newly independent United States, ultimately proving too weak to govern effectively due to limited central power.
Articles of Confederation
129
This document was written by the Constitutional Convention.
U.S. Constitution
130
A form of government where supreme power is held by the people and their elected representatives, rather than a monarch.
Republic/Representative Republic
131
This document argues that federal courts are tasked with determining the constitutionality of congressional acts.
Federalist #78
132
Guarantees that the government cannot deprive any person of life, liberty, or property without fair procedures and legal protections (5th & 14th Amendments).
Due Process Clause
133
Holding: Yes, state-sponsored prayer in public schools is unconstitutional.
Engel v. Vitale (1962)
134
The first ten amendments to the U.S. Constitution, specifically guaranteeing fundamental individual liberties and rights, such as freedom of speech and religion.
Bill of Rights
135
Decision: Government's request for injunctions denied; newspapers allowed to publish the Pentagon Papers.
NY Times Co. v. U.S. (1971)
136
Holding: Yes, applying the law to Amish beyond 8th grade violated their Free Exercise rights.
Wisconsin v. Yoder (1972)
137
The judicial process by which Bill of Rights protections have been applied to limit state governments via the 14th Amendment.
Incorporation Doctrine
138
This document was written by Alexander Hamilton as part of the Federalist Papers.
Federalist #70
139
Reasoning: There's a "heavy presumption against" prior restraint. The government failed to meet the heavy burden of showing that publication would cause inevitable, direct, immediate, and grave harm to national security sufficient to justify censorship.
NY Times Co. v. U.S. (1971)
140
Though not explicitly listed, this right is interpreted from various amendments and is central to cases involving personal autonomy.
Right to Privacy
141
This document identified natural rights (life, liberty, and the pursuit of happiness) that government is meant to protect.
Declaration of Independence
142
The 8th Amendment prohibition against excessively harsh penalties.
Cruel and Unusual Punishment
143
The 2nd Amendment right concerning the ability to own firearms.
Right to Bear Arms
144
Widely shared beliefs, values, and norms concerning how political and economic life should be carried out within a society.
Political Culture
145
The power of Congress to monitor and review the actions and effectiveness of the executive branch and its agencies.
Oversight (Congressional)
146
Facts: Consolidation of cases where Black students were denied admission to white public schools under segregation laws. Plaintiffs argued this violated the 14th Amendment's Equal Protection Clause, challenging Plessy v. Ferguson's "separate but equal" doctrine in education.
Brown v. Board of Education (1954)
147
This document was written by Martin Luther King Jr.
Letters from a Birmingham Jail
148
Issue: Does BCRA's restriction on corporate/union funding of independent political broadcasts violate the First Amendment's freedom of speech?
Citizens United v. FEC (2010)
149
Refers to enacted laws or, more specifically, proposed laws moving through the legislative process in Congress.
Legislation/Bills
150
Reasoning: The Constitution is the supreme law. Legislative acts contrary to the Constitution are void. "It is emphatically the province and duty of the judicial department to say what the law is." The judiciary has the power of Judicial Review to invalidate unconstitutional acts of Congress.
Marbury v. Madison (1803)
151
Decision: Schenck's conviction was upheld.
Schenck v. United States (1919)
152
1962 Supreme Court case ruling that mandatory prayer organized by public school officials violates the Establishment Clause.
Engel v. Vitale (1962)
153
This document featured a unicameral legislature in which each state had one vote represented by 2 to 7 delegates.
Articles of Confederation
154
The system where each branch of government has mechanisms to limit the powers of the other branches, preventing any one branch from becoming too dominant.
Checks and Balances
155
Opinion: Justice Kennedy wrote majority opinion, asserting strong First Amendment protection for independent political speech, including corporate/union funded speech.
Citizens United v. FEC (2010)
156
The head of the executive branch of the federal government, responsible for enforcing laws, commanding the armed forces, and conducting foreign policy.
President
157
The seminal document adopted in 1776 that formally announced the American colonies' separation from Great Britain, articulating philosophical principles and listing grievances.
Declaration of Independence
158
1993 Supreme Court case ruling that legislative districts drawn predominantly based on race are subject to strict scrutiny.
Shaw v. Reno (1993)
159
Opinion: Justice Alito wrote plurality opinion (incorporation via Due Process). Justice Thomas concurred (incorporation via Privileges or Immunities). Core outcome: Second Amendment applies to states.
McDonald v. Chicago (2010)
160
Facts: Before leaving office, President Adams appointed "midnight judges." Commissions were signed/sealed but not all delivered. New President Jefferson instructed Sec. of State Madison not to deliver them. William Marbury, an appointee, sued Madison directly in the Supreme Court for a writ of mandamus based on the Judiciary Act of 1789.
Marbury v. Madison (1803)
161
The 4th Amendment protection against unwarranted governmental intrusions into one's person or property.
Search and Seizure (Unreasonable)
162
Opinion: Chief Justice Rehnquist wrote majority opinion, limiting Congress's Commerce Clause power and emphasizing state authority in traditional areas like crime/education.
United States v. Lopez (1995)
163
Reasoning: State sponsorship of prayer violates the Establishment Clause's separation of church and state. Government cannot compose or endorse official prayers, even if voluntary and nondenominational, as this constitutes government establishment of religion.
Engel v. Vitale (1962)
164
Issue: (1) Does Congress have the authority to charter a national bank? (2) Can a state tax an instrument of the federal government?
McCulloch v. Maryland (1819)
165
Decision: BCRA's restrictions on independent corporate/union expenditures struck down. Corporations/unions can spend unlimited general treasury funds on independent political ads. (Disclosure rules and ban on direct contributions remained).
Citizens United v. FEC (2010)
166
Opinion: Per curiam opinion stating government didn't meet its burden, plus multiple concurrences/dissents emphasizing the high bar against prior restraint under the First Amendment.
NY Times Co. v. U.S. (1971)
167
Protects citizens' right to practice their religion, or no religion at all, without government interference (1st Amendment).
Free Exercise Clause
168
This document notes that “if men were angels, no government would be necessary.”
Federalist #10
169
A series of essays written to persuade citizens to ratify the Constitution, with key papers discussing factions (No. 10), checks and balances (No. 51), a strong executive (No. 70), and the judiciary (No. 78).
Federalist Papers (esp. No. 10, 51, 70, 78)
170
Government decisions regarding taxing, spending, and borrowing.
Fiscal Policy
171
The principle that the ultimate authority and legitimacy of government derive from the consent of the governed—the people.
Popular Sovereignty
172
The sequence of steps involved in addressing public problems, typically including agenda setting, formulation, adoption, implementation, and evaluation.
Policy Making Process
173
Landmark 1803 Supreme Court case that established the principle of judicial review.
Marbury v. Madison (1803)
174
Landmark 1973 Supreme Court decision recognizing a woman's constitutional right to an abortion, often linked to privacy (later significantly modified).
Roe v. Wade (1973)
175
Opinion: Justice Black wrote the unanimous opinion, incorporating the Sixth Amendment's right to counsel to the states for all felony defendants.
Gideon v. Wainwright (1963)
176
This document outlines the structure of the federal government by establishing three distinct branches.
U.S. Constitution
177
Fundamental rights inherent to all human beings, such as life, liberty, and property, which are not granted by governments and therefore cannot be arbitrarily taken away.
Natural Rights
178
This document warns that a standing army in peacetime and the concentration of power could lead to tyranny.
Brutus #1
179
This document emphasizes that freedom is never voluntarily given by the oppressor but must be demanded by the oppressed.
Letters from a Birmingham Jail
180
Prohibits the government from establishing an official religion or favoring one religion over others 2 (1st Amendment).
Establishment Clause
181
Specialized subgroups in Congress handling specific legislative tasks, such as ongoing legislation (Standing), resolving bill differences (Conference), or controlling House floor debate (Rules).
Committees (Standing, Conference, Rules)
182
Opinion: Justice Brennan wrote the majority opinion, holding federal courts can adjudicate constitutional challenges to state legislative apportionment.
Baker v. Carr (1961)
183
This document defines relationships between states.
U.S. Constitution
184
This document argues for a strong executive leader, as envisioned by the Constitution, contrasting with the weak executive under the Articles of Confederation.
Federalist #70
185
Holding: Yes, prohibiting the armbands in this context violated the students' First Amendment rights.
Tinker v. Des Moines (1969)
186
Facts: During WWI, Schenck distributed leaflets arguing the draft was unconstitutional (violating the 13th Am.) and urged peaceful petitioning. He was charged under the Espionage Act for attempting to cause insubordination and obstruct recruitment.
Schenck v. United States (1919)
187
Facts: North Carolina created a bizarrely shaped majority-Black congressional district (District 12) to comply with Voting Rights Act. White voters sued, alleging unconstitutional racial gerrymandering violating the Equal Protection Clause.
Shaw v. Reno (1993)
188
Facts: Congress chartered The Second Bank of the U.S. Maryland passed a law taxing banks operating in the state but not chartered by it. James McCulloch, cashier of the Baltimore branch of the U.S. Bank, refused to pay the tax.
McCulloch v. Maryland (1819)
189
The collective attitudes of citizens on political issues, often measured through systematic surveys.
Public Opinion/Polling
190
Allows Congress to make all laws required to carry into execution its enumerated powers; the basis for implied powers (also called the "Elastic Clause").
Necessary and Proper Clause
191
Holding: Yes, potentially. A plan so irrational on its face it suggests racial segregation states a claim under Equal Protection Clause, is justiciable, and must face strict scrutiny.
Shaw v. Reno (1993)
192
Decision: Reversed lower court dismissal, remanded case for strict scrutiny review. Established that racial gerrymandering claims, even if benignly intended, are justiciable and subject to strict scrutiny. (District later found unconstitutional).
Shaw v. Reno (1993)
193
Issue: Did Schenck's conviction under the Espionage Act for criticizing the draft violate his First Amendment free speech rights? 1
Schenck v. United States (1919)
194
Holding: Yes, the restriction on independent expenditures by corporations and unions is unconstitutional.
Citizens United v. FEC (2010)
195
Reasoning: Political speech is protected regardless of speaker's corporate identity. Limiting independent expenditures based on identity is censorship. Independent expenditures do not create quid pro quo corruption or its appearance sufficient to justify the ban. Overturned Austin and part of McConnell.
Citizens United v. FEC (2010)
196
This document was heavily influenced by John Locke’s social contract theory emphasizing the consent of the governed and limited government.
Declaration of Independence
197
A Senate tactic using prolonged debate to delay or block a bill; also the procedure requiring a supermajority (usually 60 votes) to end such a delay.
Filibuster/Cloture
198
The numerous executive organizations and departments (like the EPA or Dept. of Transportation) responsible for implementing, administering, and enforcing federal laws.
Bureaucracy/Executive Agencies
199
The lifelong process through which individuals acquire their political beliefs, values, and attitudes.
Political Socialization
200
Facts: Nixon Administration tried to stop NY Times and Washington Post from publishing classified "Pentagon Papers" about Vietnam War history, claiming national security required prior restraint.
NY Times Co. v. U.S. (1971)
201
Composed of the heads of the major executive departments, who serve as key advisors to the President.
Cabinet
202
Opinion: Justice Fortas wrote the majority opinion, establishing the "Tinker test" (substantial disruption standard) for student speech in schools.
Tinker v. Des Moines (1969)
203
This document states the principle that “you must first enable the government to control the governed; and in the next place oblige it to control itself.”
Federalist #51
204
1972 Supreme Court case ruling that Amish religious freedom outweighed the state's interest in mandatory schooling beyond 8th grade.
Wisconsin v. Yoder (1972)
205
A situation where control of the presidency and one or both houses of Congress is split between different political parties.
Divided Government
206
1971 Supreme Court case ("Pentagon Papers") limiting the government's ability to use prior restraint against the press.
New York Times Co. v. United States (1971)
207
Management of the money supply and interest rates, typically by the central bank (Federal Reserve).
Monetary Policy
208
The practice of legislators trading votes on different bills to secure passage of measures of mutual interest.
Logrolling
209
1995 Supreme Court case restricting Congress's Commerce Clause power by striking down a federal law banning guns near schools.
United States v. Lopez (1995)
210
Reasoning: State's interest in education must be balanced against fundamental religious freedom. Amish showed sincere religious belief and practice integrated with their way of life, including alternative vocational training. Forcing high school attendance would gravely endanger their religion. State's interest in 1-2 more years of formal schooling not compelling enough to override religious freedom here.
Wisconsin v. Yoder (1972)
211
Opinion: Justice O'Connor wrote majority opinion, holding bizarre, race-based districts require strict scrutiny under Equal Protection Clause.
Shaw v. Reno (1993)
212
Issue: Does the Gun-Free School Zones Act of 1990 exceed Congress's authority under the Commerce Clause?
United States v. Lopez (1995)
213
Government censorship of material before it is published or broadcast; generally presumed unconstitutional.
Prior Restraint
214
2010 Supreme Court case that incorporated the Second Amendment right to bear arms, applying it to state and local governments.
McDonald v. Chicago (2010)
215
Issue: Did the government's attempt at prior restraint (preventing publication) violate the First Amendment's freedom of the press?
NY Times Co. v. U.S. (1971)
216
This document discusses the power of judicial review.
Federalist #78
217
Issue: Does the Second Amendment right to keep and bear arms apply to state/local governments through the Fourteenth Amendment?
McDonald v. Chicago (2010)
218
This document contends that the Constitution grants excessive power to a centralized government.
Brutus #1
219
Reasoning: The right to keep and bear arms for self-defense (Heller) is "fundamental to our scheme of ordered liberty" and "deeply rooted in this Nation's history," meeting the standard for incorporation against states via the 14th Amendment's Due Process Clause.
McDonald v. Chicago (2010)
220
A theoretical agreement among individuals to create a government and consent to its authority in exchange for the protection of their rights and maintenance of order.
Social Contract
